89R5327 JSC-D
By: Morales of Harris H.B. No. 3660
A BILL TO BE ENTITLED
AN ACT
relating to protective orders prohibiting offenses motivated by
bias or prejudice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7B.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may
request the court to issue a protective order under Title 4, Family
Code, for the protection of the person at any proceeding:
(1) in which the defendant appears in constitutional
county court, statutory county court, or district court;
(2) that is related to an offense under Title 5, Penal
Code, or Section 28.02, 28.03, [or] 28.08, or 42.0601, Penal Code;
and
(3) in which it is alleged that the defendant
committed the offense because of bias or prejudice as described by
Article 42.014.
SECTION 2. Article 7B.102, Code of Criminal Procedure, is
amended to read as follows:
Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. The court shall issue a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred as required by Section 85.001, Family
Code, the court finds that:
(1) probable cause exists to believe that an offense
under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, or
42.0601, Penal Code, was committed;
(2) the defendant committed the offense because of
bias or prejudice; and
(3) the nature of the scheme or course of conduct
engaged in by the defendant in committing the offense indicates the
defendant is likely in the future to:
(A) engage in conduct prohibited by Title 5,
Penal Code, or Section 28.02, 28.03, [or] 28.08, or 42.0601, Penal
Code; and
(B) engage in that conduct described by Paragraph
(A) because of bias or prejudice.
SECTION 3. Subchapter C, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.1025 to read as follows:
Art. 7B.1025. DURATION OF PROTECTIVE ORDER; RESCISSION.
(a) A protective order issued under Article 7B.102 may be effective
for the duration of the lives of the offender and victim or for any
shorter period stated in the order. If a period is not stated in the
order, the order is effective until the second anniversary of the
date the order was issued.
(b) A person protected by a protective order under this
subchapter may file at any time an application with the court to
rescind the protective order.
(c) To the extent of any conflict with Section 85.025,
Family Code, this article prevails.
SECTION 4. Article 7B.103, Code of Criminal Procedure, is
amended to read as follows:
Art. 7B.103. ENFORCEMENT. The procedure for the
enforcement of a protective order under Title 4, Family Code,
applies to the fullest extent practicable to the enforcement of a
protective order under this subchapter, including provisions
relating to findings, contents, [duration,] warning, delivery, law
enforcement duties, and modification, except that:
(1) the printed statement on the warning must refer to
the prosecution of subsequent offenses committed because of bias or
prejudice;
(2) the court shall require a constable to serve a
protective order issued under this subchapter; and
(3) the clerk of the court shall forward a copy of a
protective order issued under this subchapter to the Department of
Public Safety with a designation indicating that the order was
issued to prevent offenses committed because of bias or prejudice.
SECTION 5. Section 25.071(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of an order
issued under Subchapter C, Chapter 7B, Code of Criminal Procedure,
the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02,
28.03, [or] 28.08, or 42.0601 and commits the offense because of
bias or prejudice as described by Article 42.014, Code of Criminal
Procedure;
(2) communicates:
(A) directly with a protected individual in a
threatening or harassing manner;
(B) a threat through any person to a protected
individual; or
(C) in any manner with the protected individual,
if the order prohibits any communication with a protected
individual; or
(3) goes to or near the residence or place of
employment or business of a protected individual.
SECTION 6. (a) Except as provided by Subsection (b) of
this section, the changes in law made by this Act apply only to a
protective order issued on or after the effective date of this Act.
A protective order issued before the effective date of this Act is
governed by the law in effect on the date the order was issued, and
the former law is continued in effect for that purpose.
(b) The change in law made by this Act in amending Section
25.071(a), Penal Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 7. This Act takes effect September 1, 2025.