| 1 | 1 | | 88R8001 AMF-D |
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| 2 | 2 | | By: Manuel, Rose, Morales of Harris, H.B. No. 2095 |
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| 3 | 3 | | Johnson of Dallas |
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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 restrictions that may be included in a protective |
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| 9 | 9 | | order on a person found to have committed family violence. |
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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. Chapter 84, Family Code, is amended by adding |
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| 12 | 12 | | Section 84.007 to read as follows: |
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| 13 | 13 | | Sec. 84.007. NOTICE TO APPLICANT REGARDING RESTRICTIONS |
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| 14 | 14 | | AVAILABLE UNDER PROTECTIVE ORDER. In a hearing on an application |
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| 15 | 15 | | for a protective order, if the applicant has alleged that family |
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| 16 | 16 | | violence has occurred, the court shall: |
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| 17 | 17 | | (1) inform the applicant of the restrictions that the |
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| 18 | 18 | | court may impose in a protective order on a person found to have |
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| 19 | 19 | | committed family violence, including by specifically discussing |
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| 20 | 20 | | with the applicant the location restrictions described by Sections |
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| 21 | 21 | | 85.022(b)(3) and (4); and |
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| 22 | 22 | | (2) specifically ask the applicant if the applicant |
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| 23 | 23 | | wishes the court to include one or both of the location restrictions |
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| 24 | 24 | | described by Sections 85.022(b)(3) and (4) in the court's order if |
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| 25 | 25 | | the court finds that the respondent has committed family violence |
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| 26 | 26 | | and that family violence is likely to occur in the future. |
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| 27 | 27 | | SECTION 2. Section 85.022, Family Code, is amended by |
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| 28 | 28 | | adding Subsection (b-1) to read as follows: |
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| 29 | 29 | | (b-1) In determining whether to include in a protective |
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| 30 | 30 | | order the location restrictions described by Subsections (b)(3) and |
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| 31 | 31 | | (4), the court must consider any wishes expressed by the applicant |
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| 32 | 32 | | in response to the court's question to the applicant under Section |
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| 33 | 33 | | 84.007(2) regarding the inclusion of those restrictions in the |
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| 34 | 34 | | court's order. |
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| 35 | 35 | | SECTION 3. Section 84.007, Family Code, as added by this |
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| 36 | 36 | | Act, applies to a hearing on an application for a protective order |
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| 37 | 37 | | held on or after the effective date of this Act regardless of the |
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| 38 | 38 | | date the application is filed. |
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| 39 | 39 | | SECTION 4. Section 85.022(b-1), Family Code, as added by |
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| 40 | 40 | | this Act, applies only to a protective order for which a hearing is |
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| 41 | 41 | | held on or after the effective date of this Act. |
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| 42 | 42 | | SECTION 5. This Act takes effect September 1, 2023. |
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