By: Johnson S.B. No. 2196
(In the Senate - Filed March 11, 2025; March 24, 2025, read
first time and referred to Committee on Criminal Justice;
April 16, 2025, reported favorably by the following vote: Yeas 7,
Nays 0; April 16, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the period during which an order for emergency
protection remains in effect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.292(j), Code of Criminal Procedure,
is amended to read as follows:
(j) An order for emergency protection issued under this
article is effective on issuance, and the defendant shall be served
a copy of the order by the magistrate or the magistrate's designee
in person or electronically. The magistrate shall make a separate
record of the service in written or electronic format. An order for
emergency protection issued under Subsection (a) or (b)(1) of this
article remains in effect up to the 91st [61st] day but not less
than 61 [31] days after the date of issuance. An order for
emergency protection issued under Subsection (b)(2) of this article
remains in effect up to the 121st [91st] day but not less than 91
[61] days after the date of issuance. After notice to each affected
party and a hearing, the issuing court may modify all or part of an
order issued under this article if the court finds that:
(1) the order as originally issued is unworkable;
(2) the modification will not place the victim of the
offense at greater risk than did the original order; and
(3) the modification will not in any way endanger a
person protected under the order.
SECTION 2. The change in law made by this Act applies only
to an order for emergency protection issued on or after the
effective date of this Act. An order issued before that date 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.
SECTION 3. This Act takes effect September 1, 2025.
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