Texas 2023 - 88th Regular

Texas House Bill HB1432 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1432
2	2
3	3
4	4	AN ACT
5	5	relating to required findings for the issuance of a protective
6	6	order.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 81.001, Family Code, is amended to read
9	9	as follows:
10	10	Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court
11	11	shall render a protective order as provided by Section 85.001(b) if
12	12	the court finds that family violence has occurred [and is likely to
13	13	occur in the future].
14	14	SECTION 2. Section 81.0015, Family Code, is amended to read
15	15	as follows:
16	16	Sec. 81.0015. PRESUMPTION. For purposes of this subtitle,
17	17	there is a presumption that family violence has occurred [and is
18	18	likely to occur in the future] if:
19	19	(1) the respondent has been convicted of or placed on
20	20	deferred adjudication community supervision for any of the
21	21	following offenses against the child for whom the petition is
22	22	filed:
23	23	(A) an offense under Title 5, Penal Code, for
24	24	which the court has made an affirmative finding that the offense
25	25	involved family violence under Article 42.013, Code of Criminal
26	26	Procedure; or
27	27	(B) an offense under Title 6, Penal Code; and
28	28	(2) the respondent's parental rights with respect to
29	29	the child have been terminated[; and
30	30	[(3) the respondent is seeking or attempting to seek
31	31	contact with the child].
32	32	SECTION 3. Sections 85.001(a), (b), and (c), Family Code,
33	33	are amended to read as follows:
34	34	(a) At the close of a hearing on an application for a
35	35	protective order, the court shall find whether[:
36	36	[(1)] family violence has occurred[; and
37	37	[(2) family violence is likely to occur in the future].
38	38	(b) If the court finds that family violence has occurred
39	39	[and that family violence is likely to occur in the future], the
40	40	court:
41	41	(1) shall render a protective order as provided by
42	42	Section 85.022 applying only to a person found to have committed
43	43	family violence; and
44	44	(2) may render a protective order as provided by
45	45	Section 85.021 applying to both parties that is in the best interest
46	46	of the person protected by the order or member of the family or
47	47	household of the person protected by the order.
48	48	(c) A protective order that requires the first applicant to
49	49	do or refrain from doing an act under Section 85.022 shall include a
50	50	finding that the first applicant has committed family violence [and
51	51	is likely to commit family violence in the future].
52	52	SECTION 4. Section 85.002, Family Code, is amended to read
53	53	as follows:
54	54	Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE
55	55	ORDER. If the court finds that a respondent violated a protective
56	56	order by committing an act prohibited by the order as provided by
57	57	Section 85.022, that the order was in effect at the time of the
58	58	violation, and that the order has expired after the date that the
59	59	violation occurred, the court, without the necessity of making the
60	60	finding [findings] described by Section 85.001(a), shall render a
61	61	protective order as provided by Section 85.022 applying only to the
62	62	respondent and may render a protective order as provided by Section
63	63	85.021.
64	64	SECTION 5. Section 85.025(a-1), Family Code, is amended to
65	65	read as follows:
66	66	(a-1) The court may render a protective order sufficient to
67	67	protect the applicant and members of the applicant's family or
68	68	household that is effective for a period that exceeds two years if
69	69	the court finds that the person who is the subject of the protective
70	70	order:
71	71	(1) committed an act constituting a felony offense
72	72	involving family violence against the applicant or a member of the
73	73	applicant's family or household, regardless of whether the person
74	74	has been charged with or convicted of the offense;
75	75	(2) caused serious bodily injury to the applicant or a
76	76	member of the applicant's family or household; or
77	77	(3) was the subject of two or more previous protective
78	78	orders rendered:
79	79	(A) to protect the person on whose behalf the
80	80	current protective order is sought; and
81	81	(B) after a finding by the court that the subject
82	82	of the protective order[:
83	83	[(i)] has committed family violence[; and
84	84	[(ii) is likely to commit family violence in
85	85	the future].
86	86	SECTION 6. Article 7B.052, Code of Criminal Procedure, is
87	87	amended to read as follows:
88	88	Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
89	89	ORDER. The court shall issue a protective order in the manner
90	90	provided by Title 4, Family Code, if, in lieu of the finding that
91	91	family violence occurred [and is likely to occur in the future] as
92	92	required by Section 85.001, Family Code, the court finds that:
93	93	(1) probable cause exists to believe that an offense
94	94	under Section 42.072, Penal Code, was committed; and
95	95	(2) the nature of the scheme or course of conduct
96	96	engaged in by the defendant in committing the offense indicates the
97	97	defendant is likely in the future to engage in conduct prohibited by
98	98	Section 42.072(a)(1), (2), or (3), Penal Code.
99	99	SECTION 7. Article 7B.102, Code of Criminal Procedure, is
100	100	amended to read as follows:
101	101	Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
102	102	ORDER. The court shall issue a protective order in the manner
103	103	provided by Title 4, Family Code, if, in lieu of the finding that
104	104	family violence occurred [and is likely to occur in the future] as
105	105	required by Section 85.001, Family Code, the court finds that:
106	106	(1) probable cause exists to believe that an offense
107	107	under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal
108	108	Code, was committed;
109	109	(2) the defendant committed the offense because of
110	110	bias or prejudice; and
111	111	(3) the nature of the scheme or course of conduct
112	112	engaged in by the defendant in committing the offense indicates the
113	113	defendant is likely in the future to:
114	114	(A) engage in conduct prohibited by Title 5,
115	115	Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
116	116	(B) engage in that conduct described by Paragraph
117	117	(A) because of bias or prejudice.
118	118	SECTION 8. The changes in law made by this Act apply only to
119	119	a protective order rendered on or after the effective date of this
120	120	Act. A protective order rendered before the effective date of this
121	121	Act is governed by the law in effect on the date the order was
122	122	rendered, and the former law is continued in effect for that
123	123	purpose.
124	124	SECTION 9. This Act takes effect September 1, 2023.
125	125	______________________________ ______________________________
126	126	President of the Senate Speaker of the House
127	127	I certify that H.B. No. 1432 was passed by the House on April
128	128	28, 2023, by the following vote: Yeas 113, Nays 31, 2 present, not
129	129	voting.
130	130	______________________________
131	131	Chief Clerk of the House
132	132	I certify that H.B. No. 1432 was passed by the Senate on May
133	133	24, 2023, by the following vote: Yeas 30, Nays 1.
134	134	______________________________
135	135	Secretary of the Senate
136	136	APPROVED: _____________________
137	137	Date
138	138	_____________________
139	139	Governor