Texas 2021 - 87th Regular

Texas Senate Bill SB1016 Compare Versions

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

Old	New	Differences
1	1	87R7734 MEW-D
2	2	By: Huffman S.B. No. 1016
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the protective order registry maintained by the Office
8	8	of Court Administration of the Texas Judicial System and the
9	9	removal of a vacated protective order from the registry.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 72.151(3), Government Code, is amended
12	12	to read as follows:
13	13	(3) "Protective order" means:
14	14	(A) an order issued by a court in this state under
15	15	Chapter 83 or 85, Family Code, to prevent family violence, as
16	16	defined by Section 71.004, Family Code;
17	17	(B) an order issued by a court in this state under
18	18	Subchapter A, Chapter 7B, Code of Criminal Procedure, to prevent
19	19	sexual assault or abuse, stalking, trafficking, or other harm to
20	20	the applicant; or
21	21	(C) [. The term includes] a magistrate's order
22	22	for emergency protection issued under Article 17.292, Code of
23	23	Criminal Procedure, with respect to a person who is arrested for an
24	24	offense involving family violence.
25	25	SECTION 2. Section 72.152, Government Code, is amended to
26	26	read as follows:
27	27	Sec. 72.152. APPLICABILITY. This subchapter applies only
28	28	to:
29	29	(1) an application for a protective order filed under:
30	30	(A) Chapter 82, Family Code;
31	31	(B) Subchapter A, Chapter 7B, Code of Criminal
32	32	Procedure; or
33	33	(C) [(B)] Article 17.292, Code of Criminal
34	34	Procedure, with respect to a person who is arrested for an offense
35	35	involving family violence; and
36	36	(2) a protective order issued under:
37	37	(A) Chapter 83 or 85, Family Code;
38	38	(B) Subchapter A, Chapter 7B, Code of Criminal
39	39	Procedure; or
40	40	(C) [(B)] Article 17.292, Code of Criminal
41	41	Procedure, with respect to a person who is arrested for an offense
42	42	involving family violence.
43	43	SECTION 3. Sections 72.154(b) and (d), Government Code, are
44	44	amended to read as follows:
45	45	(b) Publicly accessible information regarding each
46	46	protective order must consist of the following:
47	47	(1) the court that issued the protective order;
48	48	(2) the case number;
49	49	(3) the full name, county of residence, birth year,
50	50	and race or ethnicity of the person who is the subject of the
51	51	protective order;
52	52	(4) the dates the protective order was issued and
53	53	served; and
54	54	(5) [the date the protective order was vacated, if
55	55	applicable; and
56	56	[(6)] the date the protective order expired or will
57	57	expire, as applicable.
58	58	(d) The office may not allow a member of the public to access
59	59	through the registry any information related to a protective order
60	60	issued under Article 7B.002 or 17.292, Code of Criminal Procedure,
61	61	or Chapter 83, Family Code.
62	62	SECTION 4. Section 72.155(a), Government Code, is amended
63	63	to read as follows:
64	64	(a) The registry must include a copy of each application for
65	65	a protective order filed in this state and a copy of each protective
66	66	order issued in this state, including an [a vacated or] expired
67	67	order. Only an authorized user, the attorney general, a district
68	68	attorney, a criminal district attorney, a county attorney, a
69	69	municipal attorney, or a peace officer may access that information
70	70	under the registry.
71	71	SECTION 5. Section 72.157, Government Code, is amended by
72	72	amending Subsection (b) and adding Subsection (b-1) to read as
73	73	follows:
74	74	(b) For a protective order [that is vacated or] that has
75	75	expired, the clerk of the applicable court shall modify the record
76	76	of the order in the registry to reflect the order's status as
77	77	[vacated or] expired.
78	78	(b-1) For a protective order that is vacated, the clerk of
79	79	the applicable court shall remove the record of the order from the
80	80	registry.
81	81	SECTION 6. Section 72.158(a), Government Code, is amended
82	82	to read as follows:
83	83	(a) The office shall ensure that the public may access
84	84	information about protective orders, other than information about
85	85	orders under Article 7B.002 or 17.292, Code of Criminal Procedure,
86	86	or Chapter 83, Family Code, through the registry, only if:
87	87	(1) a protected person requests that the office grant
88	88	the public the ability to access the information described by
89	89	Section 72.154(b) for the order protecting the person; and
90	90	(2) the office approves the request.
91	91	SECTION 7. Section 72.152, Government Code, as amended by
92	92	this Act, applies only to an application for a protective order
93	93	filed or a protective order issued on or after the effective date of
94	94	this Act.
95	95	SECTION 8. As soon as practicable after the effective date
96	96	of this Act, the Office of Court Administration of the Texas
97	97	Judicial System shall remove the record of any protective orders
98	98	that have been vacated from the protective order registry
99	99	established under Subchapter F, Chapter 72, Government Code, as
100	100	amended by this Act.
101	101	SECTION 9. This Act takes effect September 1, 2021.