Texas 2021 - 87th Regular

Texas House Bill HB3466 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R71 JSC-F
2	2	By: Morales Shaw H.B. No. 3466
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protective orders; making conforming changes.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 85.005(a) and (b), Family Code, are
10	10	amended to read as follows:
11	11	(a) To facilitate settlement, the parties to a proceeding
12	12	may agree in writing to [the terms of] a protective order as
13	13	provided by Sections [Section] 85.021 and 85.022. An agreement
14	14	under this subsection is subject to the approval of the court. The
15	15	court may not approve an agreement that requires the applicant for
16	16	the protective order to do or refrain from doing an act under
17	17	Section 85.022.
18	18	(b) An [To facilitate settlement, a respondent may agree in
19	19	writing to the terms of a protective order as provided by Section
20	20	85.022, subject to the approval of the court. The court may not
21	21	approve an agreement that requires the applicant to do or refrain
22	22	from doing an act under Section 85.022. The] agreed protective
23	23	order is enforceable civilly or criminally, regardless of whether
24	24	the court makes the findings required by Section 85.001.
25	25	SECTION 2. Section 85.006(a), Family Code, is amended to
26	26	read as follows:
27	27	(a) Notwithstanding Rule 107, Texas Rules of Civil
28	28	Procedure, a [A] court may render a protective order that is binding
29	29	on a respondent who does not attend a hearing if:
30	30	(1) the respondent received service of the application
31	31	and notice of the hearing; and
32	32	(2) proof of service was filed with the court before
33	33	the hearing.
34	34	SECTION 3. Article 7B.001(a), Code of Criminal Procedure,
35	35	is amended to read as follows:
36	36	(a) The following persons may file an application for a
37	37	protective order under this subchapter without regard to the
38	38	relationship between the applicant and the alleged offender:
39	39	(1) a person who is the victim of an offense under
40	40	Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072,
41	41	or 43.05, Penal Code;
42	42	(2) any adult, including a parent or guardian, who is
43	43	acting on behalf of a victim described by Subdivision (1), if the
44	44	victim is younger than 18 years of age or an adult ward [a person who
45	45	is the victim of an offense under Section 20A.02, 20A.03, or 43.05,
46	46	Penal Code]; or
47	47	(3) [a parent or guardian acting on behalf of a person
48	48	younger than 17 years of age who is the victim of an offense listed
49	49	in Subdivision (1);
50	50	[(4) a parent or guardian acting on behalf of a person
51	51	younger than 18 years of age who is the victim of an offense listed
52	52	in Subdivision (2); or
53	53	[(5)] a prosecuting attorney acting on behalf of a
54	54	person described by Subdivision (1) or [,] (2)[, (3), or (4)].
55	55	SECTION 4. Article 7B.001, Code of Criminal Procedure, is
56	56	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
57	57	Legislature, Regular Session, 2019, by adding Subsections (a-1) and
58	58	(a-2) and is further amended to read as follows:
59	59	(a-1) Except as provided by Subsection (a-2), if an
60	60	application has not yet been filed in the case under Subsection (a),
61	61	the attorney representing the state shall promptly file an
62	62	application for a protective order with respect to each victim of an
63	63	offense listed in Subdivision (1) of that subsection following the
64	64	offender's conviction of or placement on deferred adjudication
65	65	community supervision for the offense.
66	66	(a-2) The attorney representing the state may not file an
67	67	application under Subsection (a-1) with respect to a victim if the
68	68	victim requests that the attorney representing the state not file
69	69	the application. This subsection does not apply to a victim who is
70	70	younger than 18 years of age or who is an adult ward.
71	71	SECTION 5. Article 7B.003, Code of Criminal Procedure, is
72	72	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
73	73	Legislature, Regular Session, 2019, by adding Subsection (c) and is
74	74	further amended to read as follows:
75	75	(c) An offender's conviction of or placement on deferred
76	76	adjudication community supervision for an offense listed in Article
77	77	7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
78	78	SECTION 6. Article 7B.007, Code of Criminal Procedure, is
79	79	amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
80	80	Legislature, Regular Session, 2019, by adding Subsection (a-1) and
81	81	is further amended to read as follows:
82	82	(a-1) The court shall issue a protective order effective for
83	83	the duration of the lives of the offender and victim if the offender
84	84	is:
85	85	(1) convicted of or placed on deferred adjudication
86	86	community supervision for an offense listed in Article
87	87	7B.001(a)(1); and
88	88	(2) required under Chapter 62 to register for life as a
89	89	sex offender.
90	90	SECTION 7. Article 7B.007, Code of Criminal Procedure, is
91	91	amended by amending Subsection (b) and adding Subsection (b-1) to
92	92	read as follows:
93	93	(b) The following persons may file at any time an
94	94	application with the court to rescind the protective order:
95	95	(1) a victim of an offense listed in Article
96	96	7B.001(a)(1) who is 18 [17] years of age or older;
97	97	(2) subject to Subsection (b-1), [or] a parent or
98	98	guardian acting on behalf of a victim of an offense listed in
99	99	Article 7B.001(a)(1) who is younger than 18 [17] years of age or an
100	100	adult ward; or
101	101	(3) a person not otherwise described by Subdivision
102	102	(1) or (2) who filed the application for the protective order.
103	103	(b-1) A [(2) a victim of an offense listed in Article
104	104	7B.001(a)(2) or a] parent or guardian may not file an application to
105	105	rescind the protective order under Subsection (b)(2) if the parent
106	106	or guardian is the alleged offender subject to the protective order
107	107	[acting on behalf of a victim who is younger than 18 years of age].
108	108	SECTION 8. Article 56A.052(d), Code of Criminal Procedure,
109	109	is amended to read as follows:
110	110	(d) This subsection applies only to a victim of an offense
111	111	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
112	112	or 43.05, Penal Code. A victim described by this subsection or a
113	113	parent or guardian of the victim, if the victim is younger than 18
114	114	years of age or an adult ward, is entitled to the following rights
115	115	within the criminal justice system:
116	116	(1) the right to be informed:
117	117	(A) that the victim or, if the victim is younger
118	118	than 18 years of age or an adult ward, the victim's parent or
119	119	guardian or another adult acting on the victim's behalf[, as
120	120	applicable,] may file an application for a protective order under
121	121	Article 7B.001;
122	122	(B) of the court in which the application for a
123	123	protective order may be filed; [and]
124	124	(C) that, on request of the victim or, if the
125	125	victim is younger than 18 years of age or an adult ward, on request
126	126	of the victim's parent or guardian or another adult acting on the
127	127	victim's behalf, [as applicable, and subject to the Texas
128	128	Disciplinary Rules of Professional Conduct,] the attorney
129	129	representing the state may, subject to the Texas Disciplinary Rules
130	130	of Professional Conduct, file the application for a protective
131	131	order on behalf of the requestor [victim]; and
132	132	(D) that, subject to the Texas Disciplinary Rules
133	133	of Professional Conduct, the attorney representing the state
134	134	generally is required to file the application for a protective
135	135	order with respect to the victim if the defendant is convicted of or
136	136	placed on deferred adjudication community supervision for the
137	137	offense;
138	138	(2) the right to:
139	139	(A) request that the attorney representing the
140	140	state, subject to the Texas Disciplinary Rules of Professional
141	141	Conduct, file an application for a protective order described by
142	142	Subdivision (1); and
143	143	(B) be notified when the attorney representing
144	144	the state files an application for a protective order under Article
145	145	7B.001;
146	146	(3) if the victim or the victim's parent or guardian,
147	147	as applicable, is present when the defendant is convicted or placed
148	148	on deferred adjudication community supervision, the right to:
149	149	(A) be given by the court the information
150	150	described by Subdivision (1); and
151	151	(B) file an application for a protective order
152	152	under Article 7B.001 immediately following the defendant's
153	153	conviction or placement on deferred adjudication community
154	154	supervision if the court has jurisdiction over the application; and
155	155	(4) if the victim or the victim's parent or guardian,
156	156	as applicable, is not present when the defendant is convicted or
157	157	placed on deferred adjudication community supervision, the right to
158	158	be given by the attorney representing the state the information
159	159	described by Subdivision (1).
160	160	SECTION 9. Section 25.07(g), Penal Code, is amended to read
161	161	as follows:
162	162	(g) An offense under this section is a Class A misdemeanor,
163	163	except the offense is:
164	164	(1) subject to Subdivision (2), a state jail felony if
165	165	it is shown at the trial of the offense that the defendant violated
166	166	an order issued under Subchapter A, Chapter 7B [as a result of an
167	167	application filed under Article 7A.01(a-1)], Code of Criminal
168	168	Procedure, following the defendant's conviction of or placement on
169	169	deferred adjudication community supervision for an offense, if the
170	170	order was issued with respect to a victim of that offense; or
171	171	(2) a felony of the third degree if it is shown on the
172	172	trial of the offense that the defendant:
173	173	(A) has previously been convicted two or more
174	174	times of an offense under this section or two or more times of an
175	175	offense under Section 25.072, or has previously been convicted of
176	176	an offense under this section and an offense under Section 25.072;
177	177	or
178	178	(B) has violated the order or condition of bond
179	179	by committing an assault or the offense of stalking.
180	180	SECTION 10. The following provisions are repealed:
181	181	(1) Section 1, Chapter 1066 (H.B. 1343), Acts of the
182	182	86th Legislature, Regular Session, 2019, which amended Article
183	183	7A.01, Code of Criminal Procedure;
184	184	(2) Section 2, Chapter 1066 (H.B. 1343), Acts of the
185	185	86th Legislature, Regular Session, 2019, which amended Article
186	186	7A.03, Code of Criminal Procedure; and
187	187	(3) Section 3, Chapter 1066 (H.B. 1343), Acts of the
188	188	86th Legislature, Regular Session, 2019, which amended Article
189	189	7A.07, Code of Criminal Procedure.
190	190	SECTION 11. Section 85.005, Family Code, as amended by this
191	191	Act, applies only to a protective order approved by the court on or
192	192	after the effective date of this Act.
193	193	SECTION 12. Section 85.006, Family Code, as amended by this
194	194	Act, applies only to a protective order for which the respondent
195	195	receives service on or after the effective date of this Act.
196	196	SECTION 13. Subchapter A, Chapter 7B, Code of Criminal
197	197	Procedure, as amended by this Act, applies only to a protective
198	198	order for which an application is filed on or after the effective
199	199	date of this Act.
200	200	SECTION 14. Article 56A.052(d), Code of Criminal Procedure,
201	201	as amended by this Act, applies to a victim of criminally injurious
202	202	conduct for which a judgment of conviction is entered or a grant of
203	203	deferred adjudication community supervision is made on or after the
204	204	effective date of this Act, regardless of whether the criminally
205	205	injurious conduct occurred before, on, or after the effective date
206	206	of this Act.
207	207	SECTION 15. To the extent of any conflict, this Act prevails
208	208	over another Act of the 87th Legislature, Regular Session, 2021,
209	209	relating to nonsubstantive additions to and corrections in enacted
210	210	codes.
211	211	SECTION 16. This Act takes effect September 1, 2021.