| 1 | 1 | | 87R7733 MEW-F |
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| 2 | 2 | | By: Huffman S.B. No. 1015 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the removal of a vacated protective order from the |
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| 8 | 8 | | protective order registry maintained by the Office of Court |
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| 9 | 9 | | Administration of the Texas Judicial System. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 72.154(b), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) Publicly accessible information regarding each |
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| 14 | 14 | | protective order must consist of the following: |
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| 15 | 15 | | (1) the court that issued the protective order; |
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| 16 | 16 | | (2) the case number; |
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| 17 | 17 | | (3) the full name, county of residence, birth year, |
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| 18 | 18 | | and race or ethnicity of the person who is the subject of the |
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| 19 | 19 | | protective order; |
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| 20 | 20 | | (4) the dates the protective order was issued and |
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| 21 | 21 | | served; and |
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| 22 | 22 | | (5) [the date the protective order was vacated, if |
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| 23 | 23 | | applicable; and |
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| 24 | 24 | | [(6)] the date the protective order expired or will |
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| 25 | 25 | | expire, as applicable. |
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| 26 | 26 | | SECTION 2. Section 72.155(a), Government Code, is amended |
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| 27 | 27 | | to read as follows: |
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| 28 | 28 | | (a) The registry must include a copy of each application for |
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| 29 | 29 | | a protective order filed in this state and a copy of each protective |
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| 30 | 30 | | order issued in this state, including an [a vacated or] expired |
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| 31 | 31 | | order. Only an authorized user, the attorney general, a district |
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| 32 | 32 | | attorney, a criminal district attorney, a county attorney, a |
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| 33 | 33 | | municipal attorney, or a peace officer may access that information |
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| 34 | 34 | | under the registry. |
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| 35 | 35 | | SECTION 3. Section 72.157, Government Code, is amended by |
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| 36 | 36 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 37 | 37 | | follows: |
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| 38 | 38 | | (b) For a protective order [that is vacated or] that has |
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| 39 | 39 | | expired, the clerk of the applicable court shall modify the record |
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| 40 | 40 | | of the order in the registry to reflect the order's status as |
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| 41 | 41 | | [vacated or] expired. |
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| 42 | 42 | | (b-1) For a protective order that is vacated, the clerk of |
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| 43 | 43 | | the applicable court shall remove the record of the order from the |
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| 44 | 44 | | registry. |
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| 45 | 45 | | SECTION 4. As soon as practicable after the effective date |
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| 46 | 46 | | of this Act, the Office of Court Administration of the Texas |
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| 47 | 47 | | Judicial System shall remove the record of any protective orders |
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| 48 | 48 | | that have been vacated from the protective order registry |
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| 49 | 49 | | established under Subchapter F, Chapter 72, Government Code, as |
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| 50 | 50 | | amended by this Act. |
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| 51 | 51 | | SECTION 5. This Act takes effect September 1, 2021. |
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