| 1 | 1 | | 87S10905 AJZ-D |
|---|
| 2 | 2 | | By: Sherman, Sr. H.B. No. 258 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the duration of a protective order prohibiting an |
|---|
| 8 | 8 | | offense motivated by bias or prejudice. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Article 7B.103, Code of Criminal Procedure, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Art. 7B.103. ENFORCEMENT. The procedure for the |
|---|
| 13 | 13 | | enforcement of a protective order under Title 4, Family Code, |
|---|
| 14 | 14 | | applies to the fullest extent practicable to the enforcement of a |
|---|
| 15 | 15 | | protective order under this subchapter, including provisions |
|---|
| 16 | 16 | | relating to findings, contents, [duration,] warning, delivery, law |
|---|
| 17 | 17 | | enforcement duties, and modification, except that: |
|---|
| 18 | 18 | | (1) the printed statement on the warning must refer to |
|---|
| 19 | 19 | | the prosecution of subsequent offenses committed because of bias or |
|---|
| 20 | 20 | | prejudice; |
|---|
| 21 | 21 | | (2) a protective order issued under this subchapter |
|---|
| 22 | 22 | | may be effective: |
|---|
| 23 | 23 | | (A) for the duration of the lives of the |
|---|
| 24 | 24 | | defendant and the person for whom the protective order is issued or |
|---|
| 25 | 25 | | for any shorter period stated in the order; or |
|---|
| 26 | 26 | | (B) if a period is not stated in the order, until |
|---|
| 27 | 27 | | the second anniversary of the date the order was issued; |
|---|
| 28 | 28 | | (3) the court shall require a constable to serve a |
|---|
| 29 | 29 | | protective order issued under this subchapter; and |
|---|
| 30 | 30 | | (4) [(3)] the clerk of the court shall forward a copy |
|---|
| 31 | 31 | | of a protective order issued under this subchapter to the |
|---|
| 32 | 32 | | Department of Public Safety with a designation indicating that the |
|---|
| 33 | 33 | | order was issued to prevent offenses committed because of bias or |
|---|
| 34 | 34 | | prejudice. |
|---|
| 35 | 35 | | SECTION 2. Subchapter C, Chapter 7B, Code of Criminal |
|---|
| 36 | 36 | | Procedure, is amended by adding Article 7B.1035 to read as follows: |
|---|
| 37 | 37 | | Art. 7B.1035. RESCISSION. A person for whom a protective |
|---|
| 38 | 38 | | order is issued under this subchapter may file at any time an |
|---|
| 39 | 39 | | application with the court to rescind the protective order. |
|---|
| 40 | 40 | | SECTION 3. Section 85.025(b-3), Family Code, is amended to |
|---|
| 41 | 41 | | read as follows: |
|---|
| 42 | 42 | | (b-3) Subsection (b) does not apply to a protective order |
|---|
| 43 | 43 | | issued under Subchapter A or C, Chapter 7B, Code of Criminal |
|---|
| 44 | 44 | | Procedure. |
|---|
| 45 | 45 | | SECTION 4. Article 7B.103, Code of Criminal Procedure, and |
|---|
| 46 | 46 | | Section 85.025(b-3), Family Code, as amended by this Act, apply |
|---|
| 47 | 47 | | only to a protective order for which an application is filed on or |
|---|
| 48 | 48 | | after the effective date of this Act. |
|---|
| 49 | 49 | | SECTION 5. This Act takes effect on the 91st day after the |
|---|
| 50 | 50 | | last day of the legislative session. |
|---|