Texas 2021 - 87th Regular

Texas House Bill HB39 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 39
	1	+	By: Neave, et al. (Senate Sponsor - Zaffirini) H.B. No. 39
	2	+	(In the Senate - Received from the House April 12, 2021;
	3	+	April 13, 2021, read first time and referred to Committee on
	4	+	Criminal Justice; May 17, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 17, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 39 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to protective orders; making conforming changes.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Sections 85.005(a) and (b), Family Code, are
8	16		amended to read as follows:
9	17		(a) To facilitate settlement, the parties to a proceeding
10	18		may agree in writing to [the terms of] a protective order as
11	19		provided by Sections [Section] 85.021 and 85.022. An agreement
12	20		under this subsection is subject to the approval of the court. The
13	21		court may not approve an agreement that requires the applicant for
14	22		the protective order to do or refrain from doing an act under
15	23		Section 85.022.
16	24		(b) An [To facilitate settlement, a respondent may agree in
17	25		writing to the terms of a protective order as provided by Section
18	26		85.022, subject to the approval of the court. The court may not
19	27		approve an agreement that requires the applicant to do or refrain
20	28		from doing an act under Section 85.022. The] agreed protective
21	29		order is enforceable civilly or criminally, regardless of whether
22	30		the court makes the findings required by Section 85.001.
23	31		SECTION 2. Section 85.006(a), Family Code, is amended to
24	32		read as follows:
25	33		(a) Notwithstanding Rule 107, Texas Rules of Civil
26	34		Procedure, a [A] court may render a protective order that is binding
27	35		on a respondent who does not attend a hearing if:
28	36		(1) the respondent received service of the application
29	37		and notice of the hearing; and
30	38		(2) proof of service was filed with the court before
31	39		the hearing.
32		-	SECTION 3. Section 85.026(a), Family Code, is amended to
	40	+	SECTION 3. Section 85.025, Family Code, is amended by
	41	+	adding Subsection (d) to read as follows:
	42	+	(d) If the duration of a protective order is subject to an
	43	+	automatic extension under Subsection (c), the Department of Public
	44	+	Safety shall, based on the duration of the sentence of the person
	45	+	subject to the protective order, enter the projected expiration
	46	+	date of the order in the statewide law enforcement information
	47	+	system maintained by the department. On release of the person, the
	48	+	department shall update the information in the statewide law
	49	+	enforcement system to reflect the date the order will expire
	50	+	following the person's release.
	51	+	SECTION 4. Section 85.026(a), Family Code, is amended to
33	52		read as follows:
34	53		(a) Each protective order issued under this subtitle,
35	54		including a temporary ex parte order, must contain the following
36	55		prominently displayed statements in boldfaced type, capital
37	56		letters, or underlined:
38	57		"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
39	58		CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
40	59		JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
41	60		"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
42	61		ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
43	62		PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
44	63		VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
45	64		UNLESS A COURT CHANGES THE ORDER."
46	65		"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
47	66		DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
48	67		AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
49	68		SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
50	69		FIREARM OR AMMUNITION."
51	70		"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
52	71		CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
53	72		EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
54	73		ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
55	74		IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
56	75		"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
57	76		RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
58	77		IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
59	78		"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
60	79		RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
61	80		IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
62	81		"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
63	82		BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
64	83		CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
65	84		RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
66	85		MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
67	86		SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
68	87		FOR AT LEAST TWO YEARS."
69		-	SECTION 4. Section 86.0011(a), Family Code, is amended to
	88	+	SECTION 5. Section 86.0011(a), Family Code, is amended to
70	89		read as follows:
71	90		(a) On receipt of an original or modified protective order
72	91		from the clerk of the issuing court, or on receipt of information
73	92		pertaining to the date of confinement or imprisonment or date of
74	93		release of a person subject to the protective order, a law
75	94		enforcement agency shall immediately, but not later than the third
76	95		business day after the date the order or information is received,
77	96		enter the information required by Section 411.042(b)(6),
78	97		Government Code, into the statewide law enforcement information
79	98		system maintained by the Department of Public Safety.
80		-	SECTION 5. Article 7B.001(a), Code of Criminal Procedure,
	99	+	SECTION 6. Article 7B.001(a), Code of Criminal Procedure,
81	100		is amended to read as follows:
82	101		(a) The following persons may file an application for a
83	102		protective order under this subchapter without regard to the
84	103		relationship between the applicant and the alleged offender:
85	104		(1) a person who is the victim of an offense under
86	105		Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072,
87	106		or 43.05, Penal Code;
88	107		(2) any adult, including a parent or guardian, who is
89	108		acting on behalf of a victim described by Subdivision (1), if the
90	109		victim is younger than 18 years of age or an adult ward [a person who
91	110		is the victim of an offense under Section 20A.02, 20A.03, or 43.05,
92	111		Penal Code]; or
93	112		(3) [a parent or guardian acting on behalf of a person
94	113		younger than 17 years of age who is the victim of an offense listed
95	114		in Subdivision (1);
96	115		[(4) a parent or guardian acting on behalf of a person
97	116		younger than 18 years of age who is the victim of an offense listed
98	117		in Subdivision (2); or
99	118		[(5)] a prosecuting attorney acting on behalf of a
100	119		person described by Subdivision (1) or [,] (2)[, (3), or (4)].
101		-	SECTION 6. Article 7B.001, Code of Criminal Procedure, is
	120	+	SECTION 7. Article 7B.001, Code of Criminal Procedure, is
102	121		amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
103	122		Legislature, Regular Session, 2019, by adding Subsections (a-1) and
104	123		(a-2) and is further amended to read as follows:
105	124		(a-1) Except as provided by Subsection (a-2), if an
106	125		application has not yet been filed in the case under Subsection (a),
107	126		the attorney representing the state shall promptly file an
108	127		application for a protective order with respect to each victim of an
109	128		offense listed in Subdivision (1) of that subsection following the
110	129		offender's conviction of or placement on deferred adjudication
111	130		community supervision for the offense.
112	131		(a-2) The attorney representing the state may not file an
113	132		application under Subsection (a-1) with respect to a victim if the
114	133		victim requests that the attorney representing the state not file
115	134		the application. This subsection does not apply to a victim who is
116	135		younger than 18 years of age or who is an adult ward.
117		-	SECTION 7. Article 7B.003, Code of Criminal Procedure, is
	136	+	SECTION 8. Article 7B.003, Code of Criminal Procedure, is
118	137		amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
119	138		Legislature, Regular Session, 2019, by adding Subsection (c) and is
120	139		further amended to read as follows:
121	140		(c) An offender's conviction of or placement on deferred
122	141		adjudication community supervision for an offense listed in Article
123	142		7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
124		-	SECTION 8. Article 7B.007, Code of Criminal Procedure, is
	143	+	SECTION 9. Article 7B.007, Code of Criminal Procedure, is
125	144		amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
126	145		Legislature, Regular Session, 2019, by adding Subsection (a-1) and
127	146		is further amended to read as follows:
128	147		(a-1) The court shall issue a protective order effective for
129	148		the duration of the lives of the offender and victim if the offender
130	149		is:
131	150		(1) convicted of or placed on deferred adjudication
132	151		community supervision for an offense listed in Article
133	152		7B.001(a)(1); and
134	153		(2) required under Chapter 62 to register for life as a
135	154		sex offender.
136		-	SECTION 9. Article 7B.007, Code of Criminal Procedure, is
	155	+	SECTION 10. Article 7B.007, Code of Criminal Procedure, is
137	156		amended by amending Subsection (b) and adding Subsection (b-1) to
138	157		read as follows:
139	158		(b) The following persons may file at any time an
140	159		application with the court to rescind the protective order:
141	160		(1) a victim of an offense listed in Article
142	161		7B.001(a)(1) who is 18 [17] years of age or older;
143	162		(2) subject to Subsection (b-1), [or] a parent or
144	163		guardian acting on behalf of a victim of an offense listed in
145	164		Article 7B.001(a)(1) who is younger than 18 [17] years of age or an
146	165		adult ward; or
147	166		(3) a person not otherwise described by Subdivision
148	167		(1) or (2) who filed the application for the protective order.
149	168		(b-1) A [(2) a victim of an offense listed in Article
150	169		7B.001(a)(2) or a] parent or guardian may not file an application to
151	170		rescind the protective order under Subsection (b)(2) if the parent
152	171		or guardian is the alleged offender subject to the protective order
153	172		[acting on behalf of a victim who is younger than 18 years of age].
154		-	SECTION 10. Article 56A.052(d), Code of Criminal Procedure,
	173	+	SECTION 11. Article 56A.052(d), Code of Criminal Procedure,
155	174		is amended to read as follows:
156	175		(d) This subsection applies only to a victim of an offense
157	176		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
158	177		or 43.05, Penal Code. A victim described by this subsection or a
159	178		parent or guardian of the victim, if the victim is younger than 18
160	179		years of age or an adult ward, is entitled to the following rights
161	180		within the criminal justice system:
162	181		(1) the right to be informed:
163	182		(A) that the victim or, if the victim is younger
164	183		than 18 years of age or an adult ward, the victim's parent or
165	184		guardian or another adult acting on the victim's behalf[, as
166	185		applicable,] may file an application for a protective order under
167	186		Article 7B.001;
168	187		(B) of the court in which the application for a
169	188		protective order may be filed; [and]
170	189		(C) that, on request of the victim or, if the
171	190		victim is younger than 18 years of age or an adult ward, on request
172	191		of the victim's parent or guardian or another adult acting on the
173	192		victim's behalf, [as applicable, and subject to the Texas
174	193		Disciplinary Rules of Professional Conduct,] the attorney
175	194		representing the state may, subject to the Texas Disciplinary Rules
176	195		of Professional Conduct, file the application for a protective
177	196		order on behalf of the requestor [victim]; and
178	197		(D) that, subject to the Texas Disciplinary Rules
179	198		of Professional Conduct, the attorney representing the state
180	199		generally is required to file the application for a protective
181	200		order with respect to the victim if the defendant is convicted of or
182	201		placed on deferred adjudication community supervision for the
183	202		offense;
184	203		(2) the right to:
185	204		(A) request that the attorney representing the
186	205		state, subject to the Texas Disciplinary Rules of Professional
187	206		Conduct, file an application for a protective order described by
188	207		Subdivision (1); and
189	208		(B) be notified when the attorney representing
190	209		the state files an application for a protective order under Article
191	210		7B.001;
192	211		(3) if the victim or the victim's parent or guardian,
193	212		as applicable, is present when the defendant is convicted or placed
194	213		on deferred adjudication community supervision, the right to:
195	214		(A) be given by the court the information
196	215		described by Subdivision (1); and
197	216		(B) file an application for a protective order
198	217		under Article 7B.001 immediately following the defendant's
199	218		conviction or placement on deferred adjudication community
200	219		supervision if the court has jurisdiction over the application; and
201	220		(4) if the victim or the victim's parent or guardian,
202	221		as applicable, is not present when the defendant is convicted or
203	222		placed on deferred adjudication community supervision, the right to
204	223		be given by the attorney representing the state the information
205	224		described by Subdivision (1).
206		-	SECTION 11. Section 25.07, Penal Code, is amended by
	225	+	SECTION 12. Section 25.07, Penal Code, is amended by
207	226		amending Subsection (g) and adding Subsection (h) to read as
208	227		follows:
209	228		(g) An offense under this section is a Class A misdemeanor,
210	229		except the offense is:
211	230		(1) subject to Subdivision (2), a state jail felony if
212	231		it is shown at the trial of the offense that the defendant violated
213	232		an order issued under Subchapter A, Chapter 7B [as a result of an
214	233		application filed under Article 7A.01(a-1)], Code of Criminal
215	234		Procedure, following the defendant's conviction of or placement on
216	235		deferred adjudication community supervision for an offense, if the
217	236		order was issued with respect to a victim of that offense; or
218	237		(2) a felony of the third degree if it is shown on the
219	238		trial of the offense that the defendant:
220	239		(A) has previously been convicted two or more
221	240		times of an offense under this section or two or more times of an
222	241		offense under Section 25.072, or has previously been convicted of
223	242		an offense under this section and an offense under Section 25.072;
224	243		or
225	244		(B) has violated the order or condition of bond
226	245		by committing an assault or the offense of stalking.
227	246		(h) For purposes of Subsection (g), a conviction under the
228	247		laws of another state for an offense containing elements that are
229	248		substantially similar to the elements of an offense under this
230	249		section or Section 25.072 is considered to be a conviction under
231	250		this section or Section 25.072, as applicable.
232		-	SECTION 12. The following provisions are repealed:
	251	+	SECTION 13. The following provisions are repealed:
233	252		(1) Section 1, Chapter 1066 (H.B. 1343), Acts of the
234	253		86th Legislature, Regular Session, 2019, which amended Article
235	254		7A.01, Code of Criminal Procedure;
236	255		(2) Section 2, Chapter 1066 (H.B. 1343), Acts of the
237	256		86th Legislature, Regular Session, 2019, which amended Article
238	257		7A.03, Code of Criminal Procedure; and
239	258		(3) Section 3, Chapter 1066 (H.B. 1343), Acts of the
240	259		86th Legislature, Regular Session, 2019, which amended Article
241	260		7A.07, Code of Criminal Procedure.
242		-	SECTION 13. Section 85.005, Family Code, as amended by this
	261	+	SECTION 14. Section 85.005, Family Code, as amended by this
243	262		Act, applies only to a protective order approved by the court on or
244	263		after the effective date of this Act.
245		-	SECTION 14. Section 85.006, Family Code, as amended by this
	264	+	SECTION 15. Section 85.006, Family Code, as amended by this
246	265		Act, applies only to a protective order for which the respondent
247	266		receives service on or after the effective date of this Act.
248		-	SECTION 15. Sections 85.026 and 86.0011, Family ~~Code, as~~
249		-	amended by this Act, apply only to a protective order ~~issued on or~~
250		-	after the effective date of this Act.
251		-	SECTION 16. Subchapter A, Chapter 7B, Code of Criminal
	267	+	SECTION 16. Sections 85.025, 85.026, and 86.0011, Family
	268	+	Code, as amended by this Act, apply only to a protective order
	269	+	issued on or after the effective date of this Act.
	270	+	SECTION 17. Subchapter A, Chapter 7B, Code of Criminal
252	271		Procedure, as amended by this Act, applies only to a protective
253	272		order for which an application is filed on or after the effective
254	273		date of this Act.
255		-	SECTION 17. Article 56A.052(d), Code of Criminal Procedure,
	274	+	SECTION 18. Article 56A.052(d), Code of Criminal Procedure,
256	275		as amended by this Act, applies to a victim of criminally injurious
257	276		conduct for which a judgment of conviction is entered or a grant of
258	277		deferred adjudication community supervision is made on or after the
259	278		effective date of this Act, regardless of whether the criminally
260	279		injurious conduct occurred before, on, or after the effective date
261	280		of this Act.
262		-	SECTION 18. To the extent of any conflict, this Act prevails
	281	+	SECTION 19. To the extent of any conflict, this Act prevails
263	282		over another Act of the 87th Legislature, Regular Session, 2021,
264	283		relating to nonsubstantive additions to and corrections in enacted
265	284		codes.
266		-	SECTION 19. This Act takes effect September 1, 2021.
267		-	______________________________ ______________________________
268		-	President of the Senate Speaker of the House
269		-	I certify that H.B. No. 39 was passed by the House on April 9,
270		-	2021, by the following vote: Yeas 145, Nays 0, 1 present, not
271		-	voting; and that the House concurred in Senate amendments to H.B.
272		-	No. 39 on May 28, 2021, by the following vote: Yeas 146, Nays 0, 1
273		-	present, not voting.
274		-	______________________________
275		-	Chief Clerk of the House
276		-	I certify that H.B. No. 39 was passed by the Senate, with
277		-	amendments, on May 19, 2021, by the following vote: Yeas 31, Nays
278		-	0.
279		-	______________________________
280		-	Secretary of the Senate
281		-	APPROVED: __________________
282		-	Date
283		-	__________________
284		-	Governor
	285	+	SECTION 20. This Act takes effect September 1, 2021.
	286	+	* * * * *