| 1 | 1 | | 88R7085 JSC-D |
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| 2 | 2 | | By: Landgraf, Bhojani H.B. No. 1784 |
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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 certain requirements of protective orders and |
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| 8 | 8 | | conditions of release on bond and to the criminal penalties for |
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| 9 | 9 | | violating those requirements and conditions. |
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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. Article 7B.005(a), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (a) In a protective order issued under this subchapter, the |
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| 14 | 14 | | court may: |
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| 15 | 15 | | (1) order the alleged offender to take action as |
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| 16 | 16 | | specified by the court that the court determines is necessary or |
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| 17 | 17 | | appropriate to prevent or reduce the likelihood of future harm to |
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| 18 | 18 | | the applicant or a member of the applicant's family or household; or |
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| 19 | 19 | | (2) prohibit the alleged offender from: |
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| 20 | 20 | | (A) communicating: |
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| 21 | 21 | | (i) directly or indirectly with the |
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| 22 | 22 | | applicant or any member of the applicant's family or household in a |
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| 23 | 23 | | threatening or harassing manner; or |
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| 24 | 24 | | (ii) in any manner with the applicant or any |
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| 25 | 25 | | member of the applicant's family or household except through the |
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| 26 | 26 | | applicant's attorney or a person appointed by the court, if the |
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| 27 | 27 | | court finds good cause for the prohibition; |
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| 28 | 28 | | (B) going to or near the residence, place of |
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| 29 | 29 | | employment or business, or child-care facility or school of the |
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| 30 | 30 | | applicant or any member of the applicant's family or household; |
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| 31 | 31 | | (C) engaging in conduct directed specifically |
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| 32 | 32 | | toward the applicant or any member of the applicant's family or |
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| 33 | 33 | | household, including following the person, that is reasonably |
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| 34 | 34 | | likely to harass, annoy, alarm, abuse, torment, or embarrass the |
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| 35 | 35 | | person; [and] |
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| 36 | 36 | | (D) possessing a firearm, unless the alleged |
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| 37 | 37 | | offender is a peace officer, as defined by Section 1.07, Penal Code, |
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| 38 | 38 | | actively engaged in employment as a sworn, full-time paid employee |
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| 39 | 39 | | of a state agency or political subdivision; and |
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| 40 | 40 | | (E) remotely controlling an electronic device |
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| 41 | 41 | | affecting the residence, vehicle, or property of: |
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| 42 | 42 | | (i) an applicant; or |
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| 43 | 43 | | (ii) a member of the applicant's family or |
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| 44 | 44 | | household. |
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| 45 | 45 | | SECTION 2. Article 17.292(c), Code of Criminal Procedure, |
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| 46 | 46 | | is amended to read as follows: |
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| 47 | 47 | | (c) The magistrate in the order for emergency protection may |
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| 48 | 48 | | prohibit the arrested party from: |
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| 49 | 49 | | (1) committing: |
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| 50 | 50 | | (A) family violence or an assault on the person |
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| 51 | 51 | | protected under the order; or |
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| 52 | 52 | | (B) an act in furtherance of an offense under |
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| 53 | 53 | | Section 20A.02 or 42.072, Penal Code; |
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| 54 | 54 | | (2) communicating: |
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| 55 | 55 | | (A) directly with a member of the family or |
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| 56 | 56 | | household or with the person protected under the order in a |
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| 57 | 57 | | threatening or harassing manner; |
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| 58 | 58 | | (B) a threat through any person to a member of the |
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| 59 | 59 | | family or household or to the person protected under the order; or |
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| 60 | 60 | | (C) if the magistrate finds good cause, in any |
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| 61 | 61 | | manner with a person protected under the order or a member of the |
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| 62 | 62 | | family or household of a person protected under the order, except |
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| 63 | 63 | | through the party's attorney or a person appointed by the court; |
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| 64 | 64 | | (3) going to or near: |
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| 65 | 65 | | (A) the residence, place of employment, or |
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| 66 | 66 | | business of a member of the family or household or of the person |
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| 67 | 67 | | protected under the order; or |
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| 68 | 68 | | (B) the residence, child care facility, or school |
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| 69 | 69 | | where a child protected under the order resides or attends; [or] |
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| 70 | 70 | | (4) possessing a firearm, unless the person is a peace |
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| 71 | 71 | | officer, as defined by Section 1.07, Penal Code, actively engaged |
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| 72 | 72 | | in employment as a sworn, full-time paid employee of a state agency |
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| 73 | 73 | | or political subdivision; or |
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| 74 | 74 | | (5) remotely controlling an electronic device |
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| 75 | 75 | | affecting the residence, vehicle, or property of: |
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| 76 | 76 | | (A) a person protected under the order; or |
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| 77 | 77 | | (B) a member of the family or household of a |
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| 78 | 78 | | person protected under the order. |
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| 79 | 79 | | SECTION 3. Article 17.49(b), Code of Criminal Procedure, is |
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| 80 | 80 | | amended to read as follows: |
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| 81 | 81 | | (b) A magistrate may require as a condition of release on |
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| 82 | 82 | | bond that a defendant charged with an offense involving family |
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| 83 | 83 | | violence: |
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| 84 | 84 | | (1) refrain from going to or near a residence, school, |
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| 85 | 85 | | place of employment, or other location, as specifically described |
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| 86 | 86 | | in the bond, frequented by an alleged victim of the offense; |
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| 87 | 87 | | (2) carry or wear a global positioning monitoring |
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| 88 | 88 | | system device and, except as provided by Subsection (h), pay a |
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| 89 | 89 | | reimbursement fee for the costs associated with operating that |
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| 90 | 90 | | system in relation to the defendant; [or] |
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| 91 | 91 | | (3) except as provided by Subsection (h), if the |
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| 92 | 92 | | alleged victim of the offense consents after receiving the |
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| 93 | 93 | | information described by Subsection (d), pay a reimbursement fee |
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| 94 | 94 | | for the costs associated with providing the victim with an |
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| 95 | 95 | | electronic receptor device that: |
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| 96 | 96 | | (A) is capable of receiving the global |
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| 97 | 97 | | positioning monitoring system information from the device carried |
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| 98 | 98 | | or worn by the defendant; and |
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| 99 | 99 | | (B) notifies the victim if the defendant is at or |
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| 100 | 100 | | near a location that the defendant has been ordered to refrain from |
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| 101 | 101 | | going to or near under Subdivision (1); or |
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| 102 | 102 | | (4) refrain from remotely controlling an electronic |
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| 103 | 103 | | device affecting the residence, vehicle, or property of an alleged |
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| 104 | 104 | | victim of the offense. |
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| 105 | 105 | | SECTION 4. Section 85.021, Family Code, is amended to read |
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| 106 | 106 | | as follows: |
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| 107 | 107 | | Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. |
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| 108 | 108 | | In a protective order, the court may: |
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| 109 | 109 | | (1) prohibit a party from: |
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| 110 | 110 | | (A) removing a child who is a member of the family |
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| 111 | 111 | | or household from: |
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| 112 | 112 | | (i) the possession of a person named in the |
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| 113 | 113 | | order; or |
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| 114 | 114 | | (ii) the jurisdiction of the court; |
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| 115 | 115 | | (B) transferring, encumbering, or otherwise |
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| 116 | 116 | | disposing of property, other than in the ordinary course of |
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| 117 | 117 | | business, that is mutually owned or leased by the parties; [or] |
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| 118 | 118 | | (C) removing a pet, companion animal, or |
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| 119 | 119 | | assistance animal, as defined by Section 121.002, Human Resources |
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| 120 | 120 | | Code, from the possession or actual or constructive care of a person |
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| 121 | 121 | | named in the order; or |
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| 122 | 122 | | (D) remotely controlling an electronic device |
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| 123 | 123 | | affecting the residence, vehicle, or property of a person named in |
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| 124 | 124 | | the order; |
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| 125 | 125 | | (2) grant exclusive possession of a residence to a |
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| 126 | 126 | | party and, if appropriate, direct one or more parties to vacate the |
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| 127 | 127 | | residence if the residence: |
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| 128 | 128 | | (A) is jointly owned or leased by the party |
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| 129 | 129 | | receiving exclusive possession and a party being denied possession; |
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| 130 | 130 | | (B) is owned or leased by the party retaining |
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| 131 | 131 | | possession; or |
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| 132 | 132 | | (C) is owned or leased by the party being denied |
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| 133 | 133 | | possession and that party has an obligation to support the party or |
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| 134 | 134 | | a child of the party granted possession of the residence; |
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| 135 | 135 | | (3) provide for the possession of and access to a child |
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| 136 | 136 | | of a party if the person receiving possession of or access to the |
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| 137 | 137 | | child is a parent of the child; |
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| 138 | 138 | | (4) require the payment of support for a party or for a |
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| 139 | 139 | | child of a party if the person required to make the payment has an |
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| 140 | 140 | | obligation to support the other party or the child; or |
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| 141 | 141 | | (5) award to a party the use and possession of |
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| 142 | 142 | | specified property that is community property or jointly owned or |
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| 143 | 143 | | leased property. |
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| 144 | 144 | | SECTION 5. Section 85.022(b), Family Code, is amended to |
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| 145 | 145 | | read as follows: |
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| 146 | 146 | | (b) In a protective order, the court may prohibit the person |
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| 147 | 147 | | found to have committed family violence from: |
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| 148 | 148 | | (1) committing family violence; |
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| 149 | 149 | | (2) communicating: |
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| 150 | 150 | | (A) directly with a person protected by an order |
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| 151 | 151 | | or a member of the family or household of a person protected by an |
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| 152 | 152 | | order, in a threatening or harassing manner; |
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| 153 | 153 | | (B) a threat through any person to a person |
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| 154 | 154 | | protected by an order or a member of the family or household of a |
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| 155 | 155 | | person protected by an order; and |
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| 156 | 156 | | (C) if the court finds good cause, in any manner |
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| 157 | 157 | | with a person protected by an order or a member of the family or |
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| 158 | 158 | | household of a person protected by an order, except through the |
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| 159 | 159 | | party's attorney or a person appointed by the court; |
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| 160 | 160 | | (3) going to or near the residence or place of |
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| 161 | 161 | | employment or business of a person protected by an order or a member |
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| 162 | 162 | | of the family or household of a person protected by an order; |
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| 163 | 163 | | (4) going to or near the residence, child-care |
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| 164 | 164 | | facility, or school a child protected under the order normally |
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| 165 | 165 | | attends or in which the child normally resides; |
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| 166 | 166 | | (5) engaging in conduct directed specifically toward a |
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| 167 | 167 | | person who is a person protected by an order or a member of the |
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| 168 | 168 | | family or household of a person protected by an order, including |
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| 169 | 169 | | following the person, that is reasonably likely to harass, annoy, |
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| 170 | 170 | | alarm, abuse, torment, or embarrass the person; |
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| 171 | 171 | | (6) possessing a firearm, unless the person is a peace |
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| 172 | 172 | | officer, as defined by Section 1.07, Penal Code, actively engaged |
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| 173 | 173 | | in employment as a sworn, full-time paid employee of a state agency |
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| 174 | 174 | | or political subdivision; [and] |
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| 175 | 175 | | (7) harming, threatening, or interfering with the |
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| 176 | 176 | | care, custody, or control of a pet, companion animal, or assistance |
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| 177 | 177 | | animal, as defined by Section 121.002, Human Resources Code, that |
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| 178 | 178 | | is possessed by or is in the actual or constructive care of a person |
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| 179 | 179 | | protected by an order or by a member of the family or household of a |
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| 180 | 180 | | person protected by an order; and |
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| 181 | 181 | | (8) remotely controlling an electronic device |
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| 182 | 182 | | affecting the residence, vehicle, or property of: |
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| 183 | 183 | | (A) a person protected by an order; or |
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| 184 | 184 | | (B) a member of the family or household of a |
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| 185 | 185 | | person protected by an order. |
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| 186 | 186 | | SECTION 6. Section 25.07(a), Penal Code, is amended to read |
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| 187 | 187 | | as follows: |
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| 188 | 188 | | (a) A person commits an offense if, in violation of a |
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| 189 | 189 | | condition of bond set in a family violence, sexual assault or abuse, |
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| 190 | 190 | | indecent assault, stalking, or trafficking case and related to the |
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| 191 | 191 | | safety of a victim or the safety of the community, an order issued |
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| 192 | 192 | | under Subchapter A, Chapter 7B, Code of Criminal Procedure, an |
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| 193 | 193 | | order issued under Article 17.292, Code of Criminal Procedure, an |
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| 194 | 194 | | order issued under Section 6.504, Family Code, Chapter 83, Family |
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| 195 | 195 | | Code, if the temporary ex parte order has been served on the person, |
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| 196 | 196 | | Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, |
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| 197 | 197 | | or an order issued by another jurisdiction as provided by Chapter |
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| 198 | 198 | | 88, Family Code, the person knowingly or intentionally: |
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| 199 | 199 | | (1) commits family violence or an act in furtherance |
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| 200 | 200 | | of an offense under Section 20A.02, 22.011, 22.012, 22.021, or |
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| 201 | 201 | | 42.072; |
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| 202 | 202 | | (2) communicates: |
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| 203 | 203 | | (A) directly with a protected individual or a |
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| 204 | 204 | | member of the family or household in a threatening or harassing |
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| 205 | 205 | | manner; |
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| 206 | 206 | | (B) a threat through any person to a protected |
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| 207 | 207 | | individual or a member of the family or household; or |
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| 208 | 208 | | (C) in any manner with the protected individual |
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| 209 | 209 | | or a member of the family or household except through the person's |
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| 210 | 210 | | attorney or a person appointed by the court, if the violation is of |
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| 211 | 211 | | an order described by this subsection and the order prohibits any |
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| 212 | 212 | | communication with a protected individual or a member of the family |
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| 213 | 213 | | or household; |
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| 214 | 214 | | (3) goes to or near any of the following places as |
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| 215 | 215 | | specifically described in the order or condition of bond: |
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| 216 | 216 | | (A) the residence or place of employment or |
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| 217 | 217 | | business of a protected individual or a member of the family or |
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| 218 | 218 | | household; or |
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| 219 | 219 | | (B) any child care facility, residence, or school |
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| 220 | 220 | | where a child protected by the order or condition of bond normally |
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| 221 | 221 | | resides or attends; |
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| 222 | 222 | | (4) possesses a firearm; |
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| 223 | 223 | | (5) harms, threatens, or interferes with the care, |
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| 224 | 224 | | custody, or control of a pet, companion animal, or assistance |
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| 225 | 225 | | animal that is possessed by a person protected by the order or |
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| 226 | 226 | | condition of bond; [or] |
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| 227 | 227 | | (6) removes, attempts to remove, or otherwise tampers |
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| 228 | 228 | | with the normal functioning of a global positioning monitoring |
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| 229 | 229 | | system; or |
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| 230 | 230 | | (7) remotely controls an electronic device affecting |
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| 231 | 231 | | the residence, vehicle, or property of: |
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| 232 | 232 | | (A) a protected individual; or |
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| 233 | 233 | | (B) a member of the family or household of a |
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| 234 | 234 | | protected individual. |
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| 235 | 235 | | SECTION 7. (a) Article 7B.005, Code of Criminal Procedure, |
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| 236 | 236 | | as amended by this Act, and Sections 85.021 and 85.022, Family Code, |
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| 237 | 237 | | as amended by this Act, apply only to a protective order rendered on |
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| 238 | 238 | | or after the effective date of this Act. A protective order rendered |
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| 239 | 239 | | before the effective date of this Act is governed by the law in |
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| 240 | 240 | | effect on the date the order was rendered, and the former law is |
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| 241 | 241 | | continued in effect for that purpose. |
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| 242 | 242 | | (b) Article 17.292, Code of Criminal Procedure, as amended |
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| 243 | 243 | | by this Act, applies only to a magistrate's order for emergency |
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| 244 | 244 | | protection entered on or after the effective date of this Act. A |
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| 245 | 245 | | magistrate's order for emergency protection entered before the |
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| 246 | 246 | | effective date of this Act is governed by the law in effect on the |
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| 247 | 247 | | date the order was entered, and the former law is continued in |
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| 248 | 248 | | effect for that purpose. |
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| 249 | 249 | | (c) Article 17.49, Code of Criminal Procedure, as amended by |
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| 250 | 250 | | this Act, applies only to a defendant released on bond in connection |
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| 251 | 251 | | with an offense committed on or after the effective date of this |
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| 252 | 252 | | Act. A defendant released on bond in connection with an offense |
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| 253 | 253 | | committed before the effective date of this Act is governed by the |
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| 254 | 254 | | law in effect when the offense was committed, and the former law is |
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| 255 | 255 | | continued in effect for that purpose. For purposes of this |
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| 256 | 256 | | subsection, an offense was committed before the effective date of |
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| 257 | 257 | | this Act if any element of the offense occurred before that date. |
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| 258 | 258 | | (d) Section 25.07, Penal Code, as amended by this Act, |
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| 259 | 259 | | applies only to an offense committed on or after the effective date |
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| 260 | 260 | | of this Act. An offense committed before the effective date of this |
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| 261 | 261 | | Act is governed by the law in effect on the date the offense was |
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| 262 | 262 | | committed, and the former law is continued in effect for that |
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| 263 | 263 | | purpose. For purposes of this subsection, an offense was committed |
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| 264 | 264 | | before the effective date of this Act if any element of the offense |
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| 265 | 265 | | occurred before that date. |
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| 266 | 266 | | SECTION 8. This Act takes effect September 1, 2023. |
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