Bill Text: TX HB1076 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to the authority of a magistrate to prohibit certain communications in an order for emergency protection; amending provisions subject to a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-04 - Laid on the table subject to call [HB1076 Detail]

Download: Texas-2015-HB1076-Comm_Sub.html
  84R18394 JSC-D
 
  By: Thompson of Harris H.B. No. 1076
 
  Substitute the following for H.B. No. 1076:
 
  By:  Herrero C.S.H.B. No. 1076
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a magistrate to prohibit certain
  communications in an order for emergency protection; amending
  provisions subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.292(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  The magistrate in the order for emergency protection may
  prohibit the arrested party from:
               (1)  committing:
                     (A)  family violence or an assault on the person
  protected under the order; or
                     (B)  an act in furtherance of an offense under
  Section 42.072, Penal Code;
               (2)  communicating:
                     (A)  directly with a member of the family or
  household or with the person protected under the order in a
  threatening or harassing manner; [or]
                     (B)  a threat through any person to a member of the
  family or household or to the person protected under the order; or
                     (C)  if the magistrate finds good cause, in any
  manner with a person protected under the order or a member of the
  family or household of a person protected under the order, except
  through the party's attorney or a person appointed by the court;
               (3)  going to or near:
                     (A)  the residence, place of employment, or
  business of a member of the family or household or of the person
  protected under the order; or
                     (B)  the residence, child care facility, or school
  where a child protected under the order resides or attends; or
               (4)  possessing a firearm, unless the person is a peace
  officer, as defined by Section 1.07, Penal Code, actively engaged
  in employment as a sworn, full-time paid employee of a state agency
  or political subdivision.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
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