| 1 | 1 | | 88R7988 AMF-D |
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| 2 | 2 | | By: Manuel, Davis, Collier, Ordaz, H.B. No. 2092 |
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| 3 | 3 | | Morales of Harris |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the period during which an order for emergency |
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| 9 | 9 | | protection remains in effect. |
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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 17.292(j), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (j) An order for emergency protection issued under this |
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| 14 | 14 | | article is effective on issuance, and the defendant shall be served |
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| 15 | 15 | | a copy of the order by the magistrate or the magistrate's designee |
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| 16 | 16 | | in person or electronically. The magistrate shall make a separate |
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| 17 | 17 | | record of the service in written or electronic format. An order for |
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| 18 | 18 | | emergency protection issued under Subsection (a) or (b)(1) of this |
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| 19 | 19 | | article remains in effect up to the 91st [61st] day but not less |
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| 20 | 20 | | than 61 [31] days after the date of issuance. An order for |
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| 21 | 21 | | emergency protection issued under Subsection (b)(2) of this article |
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| 22 | 22 | | remains in effect up to the 121st [91st] day but not less than 91 |
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| 23 | 23 | | [61] days after the date of issuance. After notice to each affected |
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| 24 | 24 | | party and a hearing, the issuing court may modify all or part of an |
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| 25 | 25 | | order issued under this article if the court finds that: |
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| 26 | 26 | | (1) the order as originally issued is unworkable; |
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| 27 | 27 | | (2) the modification will not place the victim of the |
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| 28 | 28 | | offense at greater risk than did the original order; and |
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| 29 | 29 | | (3) the modification will not in any way endanger a |
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| 30 | 30 | | person protected under the order. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an order for emergency protection issued on or after the |
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| 33 | 33 | | effective date of this Act. An order issued before that date is |
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| 34 | 34 | | governed by the law in effect on the date the order was issued, and |
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| 35 | 35 | | the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2023. |
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