87R1549 MLH-D
By: Sherman, Sr. H.B. No. 421
A BILL TO BE ENTITLED
AN ACT
relating to the notice provided by peace officers to adult victims
of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.04(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A written notice required by Subsection (b) of this
article is sufficient if it is in substantially the following form
with the required information in English and in Spanish inserted in
the notice:
"It is a crime for any person to cause you any physical injury
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR
FAMILY OR HOUSEHOLD.
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
"Please tell the investigating peace officer:
"IF you, your child, or any other household resident has been
injured; or
"IF you feel you are going to be in danger when the officer
leaves or later.
"You have the right to:
"ASK the local prosecutor to file a criminal complaint
against the person committing family violence; and
"APPLY to a court for an order to protect you (you should
consult a legal aid office, a prosecuting attorney, or a private
attorney). If a family or household member assaults you and is
arrested, you may request that a magistrate's order for emergency
protection be issued. Please inform the investigating officer if
you want an order for emergency protection. You need not be present
when the order is issued. You cannot be charged a fee by a court in
connection with filing, serving, or entering a protective order.
For example, the court can enter an order that:
"(1) the abuser not commit further acts of violence;
"(2) the abuser not threaten, harass, or contact you at
home;
"(3) directs the abuser to leave your household; and
"(4) establishes temporary custody of the children and
directs the abuser not to interfere with the children or any
property.
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
"If the family violence was committed by a household
resident, you may TERMINATE YOUR LEASE EARLY and vacate your
dwelling before the end of your lease term. You will avoid
liability for future rent and any other future sums that would have
been due under the lease if you first provide certain documents or
court orders to your landlord.
"If you are unable to RETRIEVE IMPORTANT ITEMS OF PERSONAL
PROPERTY from your residence or former residence because an
occupant has denied you access or the occupant is a danger to you,
you may apply to a justice court for a writ authorizing you to enter
the residence accompanied by a peace officer to retrieve those
items.
"You should consult a legal aid office, a prosecuting
attorney, or a private attorney if you need help obtaining the
proper document or court order to terminate a lease or to enter a
residence to get your important personal property.
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL
ORGANIZATIONS IF YOU NEED PROTECTION:
"____________________________
"____________________________."
SECTION 2. This Act takes effect September 1, 2021.