87S10905 AJZ-D
By: Sherman, Sr. H.B. No. 258
A BILL TO BE ENTITLED
AN ACT
relating to the duration of a protective order prohibiting an
offense motivated by bias or prejudice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7B.103, Code of Criminal Procedure, is
amended to read as follows:
Art. 7B.103. ENFORCEMENT. The procedure for the
enforcement of a protective order under Title 4, Family Code,
applies to the fullest extent practicable to the enforcement of a
protective order under this subchapter, including provisions
relating to findings, contents, [duration,] warning, delivery, law
enforcement duties, and modification, except that:
(1) the printed statement on the warning must refer to
the prosecution of subsequent offenses committed because of bias or
prejudice;
(2) a protective order issued under this subchapter
may be effective:
(A) for the duration of the lives of the
defendant and the person for whom the protective order is issued or
for any shorter period stated in the order; or
(B) if a period is not stated in the order, until
the second anniversary of the date the order was issued;
(3) the court shall require a constable to serve a
protective order issued under this subchapter; and
(4) [(3)] the clerk of the court shall forward a copy
of a protective order issued under this subchapter to the
Department of Public Safety with a designation indicating that the
order was issued to prevent offenses committed because of bias or
prejudice.
SECTION 2. Subchapter C, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.1035 to read as follows:
Art. 7B.1035. RESCISSION. A person for whom a protective
order is issued under this subchapter may file at any time an
application with the court to rescind the protective order.
SECTION 3. Section 85.025(b-3), Family Code, is amended to
read as follows:
(b-3) Subsection (b) does not apply to a protective order
issued under Subchapter A or C, Chapter 7B, Code of Criminal
Procedure.
SECTION 4. Article 7B.103, Code of Criminal Procedure, and
Section 85.025(b-3), Family Code, as amended by this Act, apply
only to a protective order for which an application is filed on or
after the effective date of this Act.
SECTION 5. This Act takes effect on the 91st day after the
last day of the legislative session.