Bill Text: TX HB1447 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to protective orders for certain victims of sexual assault or abuse, stalking, or trafficking.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB1447 Detail]
Download: Texas-2015-HB1447-Enrolled.html
H.B. No. 1447 |
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relating to protective orders for certain victims of sexual assault | ||
or abuse, stalking, or trafficking. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(a) The following persons may file an application for a | ||
protective order under this chapter without regard to the | ||
relationship between the applicant and the alleged offender: | ||
(1) a person who is the victim of an offense under | ||
Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; | ||
(2) a person who is the victim of an offense under | ||
Section 20A.02, 20A.03, or 43.05, Penal Code; | ||
(3) a parent or guardian acting on behalf of a person | ||
younger than 17 years of age who is the victim of an offense listed | ||
in Subdivision (1); | ||
(4) a parent or guardian acting on behalf of a person | ||
younger than 18 years of age who is the victim of an offense listed | ||
in Subdivision (2); or | ||
(5) a prosecuting attorney acting on behalf of a | ||
person described by Subdivision (1), [ |
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SECTION 2. The heading to Article 56.021, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE, | ||
STALKING, OR TRAFFICKING. | ||
SECTION 3. Article 56.021, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) This subsection applies only to a victim of an offense | ||
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, | ||
or 43.05, Penal Code. In addition to the rights enumerated in | ||
Article 56.02 and, if applicable, Subsection (a) of this article, a | ||
victim described by this subsection or a parent or guardian of the | ||
victim is entitled to the following rights within the criminal | ||
justice system: | ||
(1) the right to request that the attorney | ||
representing the state, subject to the Texas Disciplinary Rules of | ||
Professional Conduct, file an application for a protective order | ||
under Article 7A.01 on behalf of the victim; | ||
(2) the right to be informed: | ||
(A) that the victim or the victim's parent or | ||
guardian, as applicable, may file an application for a protective | ||
order under Article 7A.01; | ||
(B) of the court in which the application for a | ||
protective order may be filed; and | ||
(C) that, on request of the victim or the | ||
victim's parent or guardian, as applicable, and subject to the | ||
Texas Disciplinary Rules of Professional Conduct, the attorney | ||
representing the state may file the application for a protective | ||
order; | ||
(3) if the victim or the victim's parent or guardian, | ||
as applicable, is present when the defendant is convicted or placed | ||
on deferred adjudication community supervision, the right to be | ||
given by the court the information described by Subdivision (2) | ||
and, if the court has jurisdiction over applications for protective | ||
orders that are filed under Article 7A.01, the right to file an | ||
application for a protective order immediately following the | ||
defendant's conviction or placement on deferred adjudication | ||
community supervision; and | ||
(4) if the victim or the victim's parent or guardian, | ||
as applicable, is not present when the defendant is convicted or | ||
placed on deferred adjudication community supervision, the right to | ||
be given by the attorney representing the state the information | ||
described by Subdivision (2). | ||
SECTION 4. The change in law made by this Act applies to a | ||
victim of criminally injurious conduct for which a judgment of | ||
conviction is entered or a grant of deferred adjudication is made on | ||
or after the effective date of this Act, regardless of whether the | ||
criminally injurious conduct occurred before, on, or after the | ||
effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1447 was passed by the House on April | ||
13, 2015, by the following vote: Yeas 142, Nays 0, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1447 was passed by the Senate on May | ||
27, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |