| 1 | 1 | | 87R1549 MLH-D |
|---|
| 2 | 2 | | By: Sherman, Sr. H.B. No. 421 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the notice provided by peace officers to adult victims |
|---|
| 8 | 8 | | of family violence. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 5.04(c), Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (c) A written notice required by Subsection (b) of this |
|---|
| 13 | 13 | | article is sufficient if it is in substantially the following form |
|---|
| 14 | 14 | | with the required information in English and in Spanish inserted in |
|---|
| 15 | 15 | | the notice: |
|---|
| 16 | 16 | | "It is a crime for any person to cause you any physical injury |
|---|
| 17 | 17 | | or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR |
|---|
| 18 | 18 | | FAMILY OR HOUSEHOLD. |
|---|
| 19 | 19 | | "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE |
|---|
| 20 | 20 | | "Please tell the investigating peace officer: |
|---|
| 21 | 21 | | "IF you, your child, or any other household resident has been |
|---|
| 22 | 22 | | injured; or |
|---|
| 23 | 23 | | "IF you feel you are going to be in danger when the officer |
|---|
| 24 | 24 | | leaves or later. |
|---|
| 25 | 25 | | "You have the right to: |
|---|
| 26 | 26 | | "ASK the local prosecutor to file a criminal complaint |
|---|
| 27 | 27 | | against the person committing family violence; and |
|---|
| 28 | 28 | | "APPLY to a court for an order to protect you (you should |
|---|
| 29 | 29 | | consult a legal aid office, a prosecuting attorney, or a private |
|---|
| 30 | 30 | | attorney). If a family or household member assaults you and is |
|---|
| 31 | 31 | | arrested, you may request that a magistrate's order for emergency |
|---|
| 32 | 32 | | protection be issued. Please inform the investigating officer if |
|---|
| 33 | 33 | | you want an order for emergency protection. You need not be present |
|---|
| 34 | 34 | | when the order is issued. You cannot be charged a fee by a court in |
|---|
| 35 | 35 | | connection with filing, serving, or entering a protective order. |
|---|
| 36 | 36 | | For example, the court can enter an order that: |
|---|
| 37 | 37 | | "(1) the abuser not commit further acts of violence; |
|---|
| 38 | 38 | | "(2) the abuser not threaten, harass, or contact you at |
|---|
| 39 | 39 | | home; |
|---|
| 40 | 40 | | "(3) directs the abuser to leave your household; and |
|---|
| 41 | 41 | | "(4) establishes temporary custody of the children and |
|---|
| 42 | 42 | | directs the abuser not to interfere with the children or any |
|---|
| 43 | 43 | | property. |
|---|
| 44 | 44 | | "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED |
|---|
| 45 | 45 | | PROTECTION (such as (1) and (2) above) MAY BE A FELONY. |
|---|
| 46 | 46 | | "If the family violence was committed by a household |
|---|
| 47 | 47 | | resident, you may TERMINATE YOUR LEASE EARLY and vacate your |
|---|
| 48 | 48 | | dwelling before the end of your lease term. You will avoid |
|---|
| 49 | 49 | | liability for future rent and any other future sums that would have |
|---|
| 50 | 50 | | been due under the lease if you first provide certain documents or |
|---|
| 51 | 51 | | court orders to your landlord. |
|---|
| 52 | 52 | | "If you are unable to RETRIEVE IMPORTANT ITEMS OF PERSONAL |
|---|
| 53 | 53 | | PROPERTY from your residence or former residence because an |
|---|
| 54 | 54 | | occupant has denied you access or the occupant is a danger to you, |
|---|
| 55 | 55 | | you may apply to a justice court for a writ authorizing you to enter |
|---|
| 56 | 56 | | the residence accompanied by a peace officer to retrieve those |
|---|
| 57 | 57 | | items. |
|---|
| 58 | 58 | | "You should consult a legal aid office, a prosecuting |
|---|
| 59 | 59 | | attorney, or a private attorney if you need help obtaining the |
|---|
| 60 | 60 | | proper document or court order to terminate a lease or to enter a |
|---|
| 61 | 61 | | residence to get your important personal property. |
|---|
| 62 | 62 | | "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL |
|---|
| 63 | 63 | | ORGANIZATIONS IF YOU NEED PROTECTION: |
|---|
| 64 | 64 | | "____________________________ |
|---|
| 65 | 65 | | "____________________________." |
|---|
| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|