Texas 2025 - 89th Regular

Texas House Bill HB2596 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21626~~ JSC-F
	1	+	89R9076 JSC-F
2	2		By: Metcalf H.B. No. 2596
3		-	~~Substitute the following for H.B. No. 2596:~~
4		-	~~By: Virdell C.S.H.B. No. 2596~~
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the issuance of certain protective orders for certain
10	10		burglary offenses.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. The heading to Subchapter A, Chapter 7B, Code of
13	13		Criminal Procedure, is amended to read as follows:
14		-	SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF ~~CERTAIN SEXUAL~~
15		-	~~[ASSAULT OR~~ ABUSE, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING,
16		-	OR BURGLARY OFFENSES
	14	+	SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
	15	+	ABUSE, INDECENT ASSAULT, STALKING, [OR] TRAFFICKING, OR CERTAIN
	16	+	BURGLARY OFFENSES
17	17		SECTION 2. Articles 7B.001(a) and (a-1), Code of Criminal
18	18		Procedure, are amended to read as follows:
19	19		(a) The following persons may file an application for a
20	20		protective order under this subchapter without regard to the
21	21		relationship between the applicant and the alleged offender:
22	22		(1) a person who is the victim of an offense under
23	23		Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
24	24		42.072, or 43.05, Penal Code;
25	25		(2) a person who is the victim of an offense under
26		-	Section 30.02, Penal Code, that is punishable under Subsection
27		-	(c)(2) or (d) of that section;
	26	+	Section 30.02, Penal Code, if:
	27	+	(A) the offense is punishable under Subsection
	28	+	(d) of that section; and
	29	+	(B) the actor committed the offense with intent
	30	+	to commit an offense listed in Subdivision (1) of this subsection;
28	31		(3) any adult, including a parent or guardian, who is
29	32		acting on behalf of a victim described by Subdivision (1) or (2), if
30	33		the victim is younger than 18 years of age or an adult ward; or
31	34		(4) [(3)] a prosecuting attorney acting on behalf of a
32	35		person described by Subdivision (1), [or] (2), or (3).
33	36		(a-1) Except as provided by Subsection (a-2), if an
34	37		application has not yet been filed in the case under Subsection (a),
35	38		the attorney representing the state shall promptly file an
36	39		application for a protective order with respect to each victim of an
37	40		offense listed in Subdivision (1) or (2) of that subsection
38	41		following the offender's conviction of or placement on deferred
39	42		adjudication community supervision for the offense.
40	43		SECTION 3. Article 7B.002(a), Code of Criminal Procedure,
41	44		is amended to read as follows:
42	45		(a) If the court finds from the information contained in an
43	46		application for a protective order that there is a clear and present
44	47		danger of conduct described by Article 7B.001(a)(1) or (2) [sexual
45	48		assault or abuse, indecent assault, stalking, trafficking,] or
46	49		other harm to the applicant, the court, without further notice to
47	50		the alleged offender and without a hearing, may issue a temporary ex
48	51		parte order for the protection of the applicant or any other member
49	52		of the applicant's family or household.
50	53		SECTION 4. Articles 7B.003(a), (b), and (c), Code of
51	54		Criminal Procedure, are amended to read as follows:
52	55		(a) At the close of a hearing on an application for a
53	56		protective order under this subchapter, the court shall find
54	57		whether there are reasonable grounds to believe that the applicant
55	58		is the victim of an offense listed in Article 7B.001(a)(1) or (2)
56	59		[sexual assault or abuse, indecent assault, stalking, or
57	60		trafficking].
58	61		(b) If the court finds that there are reasonable grounds to
59	62		believe that the applicant is the victim of an offense listed in
60	63		Article 7B.001(a)(1) or (2) [sexual assault or abuse, stalking, or
61	64		trafficking], the court shall issue a protective order that
62	65		includes a statement of the required findings.
63	66		(c) An offender's conviction of or placement on deferred
64	67		adjudication community supervision for an offense listed in Article
65	68		7B.001(a)(1) or (2) constitutes reasonable grounds under
66	69		Subsection (a).
67	70		SECTION 5. Articles 7B.007(a-1) and (b), Code of Criminal
68	71		Procedure, are amended to read as follows:
69	72		(a-1) The court shall issue a protective order effective for
70	73		the duration of the lives of the offender and victim if the offender
71	74		is:
72	75		(1) convicted of or placed on deferred adjudication
73	76		community supervision for an offense listed in Article 7B.001(a)(1)
74	77		or (2); and
75	78		(2) required under Chapter 62 to register for life as a
76	79		sex offender.
77	80		(b) The following persons may file at any time an
78	81		application with the court to rescind the protective order:
79	82		(1) a victim of an offense listed in Article
80	83		7B.001(a)(1) or (2) who is 18 years of age or older;
81	84		(2) subject to Subsection (b-1), a parent or guardian
82	85		acting on behalf of a victim of an offense listed in Article
83	86		7B.001(a)(1) or (2) who is younger than 18 years of age or an adult
84	87		ward; or
85	88		(3) a person not otherwise described by Subdivision
86	89		(1) or (2) who filed the application for the protective order.
87	90		SECTION 6. The heading to Article 56A.052, Code of Criminal
88	91		Procedure, is amended to read as follows:
89	92		Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN
90		-	SEXUAL [ASSAULT, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING~~, OR~~
91		-	~~BURGLARY~~ OFFENSES.
	93	+	SEXUAL [ASSAULT, INDECENT ASSAULT], STALKING, OR TRAFFICKING
	94	+	OFFENSES.
92	95		SECTION 7. Article 56A.052(d), Code of Criminal Procedure,
93	96		is amended to read as follows:
94	97		(d) This subsection applies only to a victim of an offense
95	98		listed in Article 7B.001(a)(1) or (2) [under Section 20A.02,
96	99		20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05,
97	100		Penal Code]. A victim described by this subsection or a parent or
98	101		guardian of the victim, if the victim is younger than 18 years of
99	102		age or an adult ward, is entitled to the following rights within the
100	103		criminal justice system:
101	104		(1) the right to be informed in the manner provided by
102	105		Article 56A.0525:
103	106		(A) that the victim or, if the victim is younger
104	107		than 18 years of age or an adult ward, the victim's parent or
105	108		guardian or another adult acting on the victim's behalf may file an
106	109		application for a protective order under Article 7B.001;
107	110		(B) of the court in which the application for a
108	111		protective order may be filed;
109	112		(C) that, on request of the victim or, if the
110	113		victim is younger than 18 years of age or an adult ward, on request
111	114		of the victim's parent or guardian or another adult acting on the
112	115		victim's behalf, the attorney representing the state may, subject
113	116		to the Texas Disciplinary Rules of Professional Conduct, file the
114	117		application for a protective order on behalf of the requestor; and
115	118		(D) that, subject to the Texas Disciplinary Rules
116	119		of Professional Conduct, the attorney representing the state
117	120		generally is required to file the application for a protective
118	121		order with respect to the victim if the defendant is convicted of or
119	122		placed on deferred adjudication community supervision for the
120	123		offense;
121	124		(2) the right to:
122	125		(A) request that the attorney representing the
123	126		state, subject to the Texas Disciplinary Rules of Professional
124	127		Conduct, file an application for a protective order described by
125	128		Subdivision (1); and
126	129		(B) be notified in the manner provided by Article
127	130		56A.0525 when the attorney representing the state files an
128	131		application for a protective order under Article 7B.001;
129	132		(3) if the victim or the victim's parent or guardian,
130	133		as applicable, is present when the defendant is convicted or placed
131	134		on deferred adjudication community supervision, the right to:
132	135		(A) be given by the court the information
133	136		described by Subdivision (1), in the manner provided by Article
134	137		56A.0525; and
135	138		(B) file an application for a protective order
136	139		under Article 7B.001 immediately following the defendant's
137	140		conviction or placement on deferred adjudication community
138	141		supervision if the court has jurisdiction over the application; and
139	142		(4) if the victim or the victim's parent or guardian,
140	143		as applicable, is not present when the defendant is convicted or
141	144		placed on deferred adjudication community supervision, the right to
142	145		be given by the attorney representing the state the information
143	146		described by Subdivision (1), in the manner provided by Article
144	147		56A.0525.
145	148		SECTION 8. To the extent of any conflict, this Act prevails
146	149		over another Act of the 89th Legislature, Regular Session, 2025,
147	150		relating to nonsubstantive additions to and corrections in enacted
148	151		codes.
149	152		SECTION 9. This Act takes effect September 1, 2025.