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Texas Senate Bill SB48

Texas 2023 - 88th Regular

Texas Senate Bill SB48 Compare Versions

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11 S.B. No. 48
22
33
44 AN ACT
55 relating to the issuance and effectiveness of protective orders,
66 magistrate's orders for emergency protection, and temporary ex
77 parte orders.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Article 7B.001, Code of Criminal Procedure, is
1010 amended by adding Subsection (c) to read as follows:
1111 (c) A person filing an application under this article shall
1212 use the protective order application form created by the Office of
1313 Court Administration of the Texas Judicial System under Section
1414 72.039, Government Code, that is available on the office's Internet
1515 website.
1616 SECTION 2. Subchapter A, Chapter 7B, Code of Criminal
1717 Procedure, is amended by adding Article 7B.0021 to read as follows:
1818 Art. 7B.0021. STANDARD TEMPORARY EX PARTE ORDER FORM. (a)
1919 The court shall use the standardized temporary ex parte order form
2020 created by the Office of Court Administration of the Texas Judicial
2121 System under Section 72.039, Government Code, to issue a temporary
2222 ex parte order under Article 7B.002.
2323 (b) A court's failure to use the standardized temporary ex
2424 parte order form as required under Subsection (a) does not affect
2525 the validity or enforceability of the temporary ex parte order
2626 issued.
2727 SECTION 3. Article 7B.003, Code of Criminal Procedure, is
2828 amended by adding Subsections (d) and (e) to read as follows:
2929 (d) The court shall use the standardized protective order
3030 form created by the Office of Court Administration of the Texas
3131 Judicial System under Section 72.039, Government Code, to issue a
3232 protective order under this article.
3333 (e) A court's failure to use the standardized protective
3434 order form as required under Subsection (d) does not affect the
3535 validity or enforceability of the protective order issued.
3636 SECTION 4. Article 17.292, Code of Criminal Procedure, is
3737 amended by adding Subsections (d-1) and (d-2) to read as follows:
3838 (d-1) The magistrate shall use the standardized order for
3939 emergency protection form created by the Office of Court
4040 Administration of the Texas Judicial System under Section 72.039,
4141 Government Code, to issue an order for emergency protection under
4242 this article.
4343 (d-2) A magistrate's failure to use the standardized order
4444 for emergency protection form as required under Subsection (d-1)
4545 does not affect the validity or enforceability of the order for
4646 emergency protection issued.
4747 SECTION 5. Section 82.004, Family Code, is amended to read
4848 as follows:
4949 Sec. 82.004. FORM AND CONTENT [CONTENTS] OF APPLICATION. A
5050 person filing an application under this chapter shall use the
5151 protective order application form created by the Office of Court
5252 Administration of the Texas Judicial System under Section 72.039,
5353 Government Code, that is available on the office's Internet
5454 website, and shall include in the application [An application must
5555 state]:
5656 (1) the name and county of residence of each
5757 applicant;
5858 (2) the name and county of residence of each
5959 individual alleged to have committed family violence;
6060 (3) the relationships between the applicants and the
6161 individual alleged to have committed family violence;
6262 (4) a request for one or more protective orders; and
6363 (5) whether an applicant is receiving services from
6464 the Title IV-D agency in connection with a child support case and,
6565 if known, the agency case number for each open case.
6666 SECTION 6. Chapter 83, Family Code, is amended by adding
6767 Section 83.007 to read as follows:
6868 Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM. (a)
6969 The court shall use the standardized temporary ex parte order form
7070 created by the Office of Court Administration of the Texas Judicial
7171 System under Section 72.039, Government Code, to issue a temporary
7272 ex parte order under this chapter.
7373 (b) A court's failure to use the standardized temporary ex
7474 parte order form as required under Subsection (a) does not affect
7575 the validity or enforceability of the temporary ex parte order
7676 issued.
7777 SECTION 7. Subchapter B, Chapter 85, Family Code, is
7878 amended by adding Section 85.0221 to read as follows:
7979 Sec. 85.0221. STANDARD PROTECTIVE ORDER FORM. (a) The
8080 court shall use the standardized protective order form created by
8181 the Office of Court Administration of the Texas Judicial System
8282 under Section 72.039, Government Code, to issue a protective order
8383 under this chapter.
8484 (b) A court's failure to use the standardized protective
8585 order form as required under Subsection (a) does not affect the
8686 validity or enforceability of the protective order issued.
8787 SECTION 8. Subchapter C, Chapter 72, Government Code, is
8888 amended by adding Section 72.039 to read as follows:
8989 Sec. 72.039. PROTECTIVE ORDER APPLICATIONS, FORMS, AND
9090 MATERIALS. (a) The office shall develop and make available on the
9191 office's Internet website standardized forms and other materials
9292 necessary to apply for, issue, deny, revise, rescind, serve, and
9393 enforce any of the following:
9494 (1) a protective order under Title 4, Family Code, or
9595 Subchapter A, Chapter 7B, Code of Criminal Procedure;
9696 (2) a magistrate's order for emergency protection
9797 under Article 17.292, Code of Criminal Procedure; or
9898 (3) a temporary ex parte order under Chapter 83,
9999 Family Code, or Article 7B.002, Code of Criminal Procedure.
100100 (b) Each standardized form developed under Subsection (a)
101101 to be used by a magistrate or court issuing an order must include:
102102 (1) the prohibitions and requirements imposed on the
103103 respondent;
104104 (2) the duration of the order;
105105 (3) the potential consequences of violating the order;
106106 and
107107 (4) any other admonishments or warnings required by
108108 law.
109109 (c) The materials developed under Subsection (a) must
110110 include a procedure to ensure that a copy of the order is
111111 transmitted to all required parties and all relevant information
112112 required by Section 411.042(b)(6) is entered into the statewide law
113113 enforcement information system maintained by the Department of
114114 Public Safety under Section 411.042 and any other applicable
115115 databases.
116116 (d) In developing the required applications, forms, and
117117 materials, the office shall:
118118 (1) consult with individuals, organizations, and
119119 state agencies that have knowledge and experience in the issues of
120120 protective orders, including:
121121 (A) the Texas Council on Family Violence;
122122 (B) the Department of Public Safety;
123123 (C) nonprofit organizations that advocate for
124124 the survivors of sexual assault or family violence;
125125 (D) individuals, organizations, and state
126126 agencies that provide training to judges, prosecutors, and law
127127 enforcement officers;
128128 (E) the judges or justices of courts of varying
129129 jurisdictions;
130130 (F) law enforcement agencies;
131131 (G) prosecutors; and
132132 (H) an organization that receives federal
133133 funding under the legal assistance for victims grant program and
134134 that has expertise in issues related to family violence, sexual
135135 assault, or stalking; and
136136 (2) give consideration to promoting uniformity of law
137137 among the states that enact the Uniform Interstate Enforcement of
138138 Domestic Violence Protection Orders Act.
139139 SECTION 9. (a) In this section:
140140 (1) "Office" means the Office of Court Administration
141141 of the Texas Judicial System.
142142 (2) "Protective order" means any order that is issued
143143 or rendered by a court and that prohibits a person from engaging in
144144 certain specified conduct directed toward another person or
145145 property, including:
146146 (A) a protective order under Title 4, Family
147147 Code;
148148 (B) a temporary restraining order under Section
149149 6.501, Family Code, or a protective order under Section 6.504,
150150 Family Code;
151151 (C) a magistrate's order for emergency
152152 protection under Article 17.292, Code of Criminal Procedure; and
153153 (D) a protective order under Subchapter A,
154154 Chapter 7B, Code of Criminal Procedure.
155155 (b) The office shall conduct a study on the effectiveness of
156156 protective orders in protecting victims of violence in this state.
157157 (c) Notwithstanding any other law, the Department of Public
158158 Safety shall assist the office in conducting the study required by
159159 this section by providing the office criminal history records at
160160 the time and in the form requested by the office.
161161 (d) The office shall create a report based on the study
162162 conducted under this section. The report must include:
163163 (1) an evaluation of the effectiveness of protective
164164 orders in protecting victims of violence in this state by deterring
165165 the person who is the subject of the order from engaging in the
166166 conduct prohibited under those orders; and
167167 (2) legislative recommendations on methods to improve
168168 the enforcement of protective orders in this state.
169169 (e) Not later than September 1, 2024, the office shall
170170 submit the report required under Subsection (c) of this section to
171171 the governor, lieutenant governor, speaker of the house of
172172 representatives, and appropriate committees of the legislature.
173173 (f) This section expires January 1, 2025.
174174 SECTION 10. As soon as practicable after the effective date
175175 of this Act, but not later than June 1, 2024, the Office of Court
176176 Administration of the Texas Judicial System shall create and make
177177 available on the office's Internet website all forms and materials
178178 required by Section 72.039, Government Code, as added by this Act.
179179 If the office completes the forms and materials required by Section
180180 72.039, Government Code, as added by this Act, before June 1, 2024,
181181 the office shall notify each court clerk, judge, magistrate, and
182182 prosecution agency in the state of the availability of the forms and
183183 materials.
184184 SECTION 11. Article 7B.001, Code of Criminal Procedure, as
185185 amended by this Act, and Section 82.004, Family Code, as amended by
186186 this Act, apply only to an application for a protective order that
187187 is filed on or after June 1, 2024. An application for a protective
188188 order filed before June 1, 2024, is governed by the law in effect on
189189 the date the application is filed, and the former law is continued
190190 in effect for that purpose.
191191 SECTION 12. Articles 7B.003 and 17.292, Code of Criminal
192192 Procedure, as amended by this Act, Article 7B.0021, Code of
193193 Criminal Procedure, as added by this Act, and Sections 83.007 and
194194 85.0221, Family Code, as added by this Act, apply only to a
195195 protective order, magistrate's order for emergency protection, or
196196 temporary ex parte order that is issued on or after June 1, 2024. An
197197 order issued before June 1, 2024, is governed by the law in effect
198198 on the date the order is issued, and the former law is continued in
199199 effect for that purpose.
200200 SECTION 13. This Act takes effect immediately if it
201201 receives a vote of two-thirds of all the members elected to each
202202 house, as provided by Section 39, Article III, Texas Constitution.
203203 If this Act does not receive the vote necessary for immediate
204204 effect, this Act takes effect September 1, 2023.
205205 ______________________________ ______________________________
206206 President of the Senate Speaker of the House
207207 I hereby certify that S.B. No. 48 passed the Senate on
208208 April 3, 2023, by the following vote: Yeas 31, Nays 0; and that
209209 the Senate concurred in House amendment on May 22, 2023, by the
210210 following vote: Yeas 30, Nays 1.
211211 ______________________________
212212 Secretary of the Senate
213213 I hereby certify that S.B. No. 48 passed the House, with
214214 amendment, on May 18, 2023, by the following vote: Yeas 146,
215215 Nays 0, two present not voting.
216216 ______________________________
217217 Chief Clerk of the House
218218 Approved:
219219 ______________________________
220220 Date
221221 ______________________________
222222 Governor