1 | 1 | | 89R6404 BCH-F |
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2 | 2 | | By: Jones of Harris H.B. No. 1571 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to access to and notification of protective order registry |
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10 | 10 | | information. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. This Act may be cited as Anthony's Law. |
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13 | 13 | | SECTION 2. Section 72.155, Government Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER |
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16 | 16 | | REGISTRY. (a) The registry must include a copy of each |
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17 | 17 | | application for a protective order filed in this state and a copy of |
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18 | 18 | | each protective order issued in this state, including an expired |
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19 | 19 | | order, or a vacated order other than an order that was vacated as |
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20 | 20 | | the result of an appeal or bill of review from a district or county |
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21 | 21 | | court. Only an authorized user, the attorney general, a district |
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22 | 22 | | attorney, a criminal district attorney, a county attorney, a |
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23 | 23 | | municipal attorney, an attorney representing a party in a civil |
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24 | 24 | | action, a victim of family violence or of an offense for which a |
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25 | 25 | | protective order may be granted under Chapter 7B, Code of Criminal |
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26 | 26 | | Procedure, who is representing himself or herself in a civil |
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27 | 27 | | action, a magistrate, or a peace officer may access that |
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28 | 28 | | information under the registry. |
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29 | 29 | | (b) The office shall ensure that an authorized user, the |
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30 | 30 | | attorney general, a district attorney, a criminal district |
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31 | 31 | | attorney, a county attorney, a municipal attorney, an attorney |
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32 | 32 | | representing a party in a civil action, a victim of family violence |
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33 | 33 | | or of an offense for which a protective order may be granted under |
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34 | 34 | | Chapter 7B, Code of Criminal Procedure, who is representing himself |
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35 | 35 | | or herself in a civil action, a magistrate, or a peace officer is |
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36 | 36 | | able to search for and receive a copy of a filed application for a |
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37 | 37 | | protective order or a copy of an issued protective order through the |
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38 | 38 | | registry's Internet website. |
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39 | 39 | | SECTION 3. Subchapter F, Chapter 72, Government Code, is |
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40 | 40 | | amended by adding Section 72.1555 to read as follows: |
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41 | 41 | | Sec. 72.1555. ACCESS TO AND NOTIFICATION OF CERTAIN |
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42 | 42 | | REGISTRY INFORMATION. (a) The protective order registry must be |
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43 | 43 | | configured to provide access to information in the registry to: |
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44 | 44 | | (1) a court with jurisdiction over a case in which a |
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45 | 45 | | person who is subject to a protective order appears related to a |
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46 | 46 | | civil violation of the protective order or for any criminal |
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47 | 47 | | offense; |
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48 | 48 | | (2) the attorney general or a district attorney, |
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49 | 49 | | criminal district attorney, county attorney, or municipal attorney |
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50 | 50 | | who is prosecuting a person who is subject to the protective order; |
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51 | 51 | | (3) an attorney representing a party in a civil action |
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52 | 52 | | or a victim of family violence or of an offense for which a |
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53 | 53 | | protective order may be granted under Chapter 7B, Code of Criminal |
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54 | 54 | | Procedure, who is representing himself or herself in a civil |
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55 | 55 | | action; or |
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56 | 56 | | (4) a peace officer who is investigating a person who |
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57 | 57 | | is subject to the protective order. |
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58 | 58 | | (b) If a person subject to a protective order issued by a |
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59 | 59 | | court appears in a court of another county for a civil violation of |
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60 | 60 | | the protective order or any criminal offense, the registry must be |
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61 | 61 | | configured to provide notice to the court that issued the |
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62 | 62 | | protective order of: |
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63 | 63 | | (1) the time, place, and nature of the person's |
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64 | 64 | | violation or offense; |
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65 | 65 | | (2) the name and location of the court with |
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66 | 66 | | jurisdiction over the violation or offense; |
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67 | 67 | | (3) the name and contact information of the attorney |
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68 | 68 | | general or the district attorney, criminal district attorney, |
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69 | 69 | | county attorney, or municipal attorney who is prosecuting the |
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70 | 70 | | violation or offense; and |
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71 | 71 | | (4) the name and contact information of any peace |
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72 | 72 | | officer whose information is included in the registry as the |
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73 | 73 | | investigator for the violation or offense. |
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74 | 74 | | SECTION 4. This Act takes effect September 1, 2025. |
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