Bill Text: TX HB1645 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to an affirmative finding of family violence entered in the trial of certain offenses and to certain family violence protective orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-09 - Referred to Criminal Jurisprudence [HB1645 Detail]

Download: Texas-2021-HB1645-Introduced.html
  87R6591 TSS-F
 
  By: Sherman, Sr. H.B. No. 1645
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an affirmative finding of family violence entered in
  the trial of certain offenses and to certain family violence
  protective orders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.013, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42.013.  FINDING OF FAMILY VIOLENCE. In the trial of an
  offense under any provision of the [Title 5,] Penal Code, if the
  court determines that the offense involved family violence, as
  defined by Section 71.004, Family Code, the court shall make an
  affirmative finding of that fact and enter the affirmative finding
  in the judgment of the case.
         SECTION 2.  Article 42A.504(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  If a judge grants community supervision to a defendant
  convicted of an offense [under Title 5, Penal Code,] that the court
  determines involves family violence, the judge shall require the
  defendant to pay a fine of $100 to a family violence center that:
               (1)  receives state or federal funds; and
               (2)  serves the county in which the court is located.
         SECTION 3.  Section 81.0015, Family Code, is amended to read
  as follows:
         Sec. 81.0015.  PRESUMPTION. For purposes of this subtitle,
  there is a presumption that family violence has occurred and is
  likely to occur in the future if:
               (1)  the respondent has been convicted of or placed on
  deferred adjudication community supervision for any of the
  following offenses against the child for whom the petition is
  filed:
                     (A)  an offense [under Title 5, Penal Code,] for
  which the court has made an affirmative finding that the offense
  involved family violence under Article 42.013, Code of Criminal
  Procedure; or
                     (B)  an offense under Title 6, Penal Code;
               (2)  the respondent's parental rights with respect to
  the child have been terminated; and
               (3)  the respondent is seeking or attempting to seek
  contact with the child.
         SECTION 4.  Chapter 83, Family Code, is amended by adding
  Section 83.0015 to read as follows:
         Sec. 83.0015.  SERVICE OF NOTICE OF TEMPORARY EX PARTE
  ORDER. Notice of a temporary ex parte order issued under this
  chapter must be served personally on the respondent.
         SECTION 5.  Articles 42.013 and 42A.504(b), Code of Criminal
  Procedure, as amended by this Act, apply 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
  section, an offense was committed before the effective date of this
  Act if any element of the offense was committed before that date.
         SECTION 6.  Section 83.0015, Family Code, as added by this
  Act, applies only to a temporary ex parte protective order issued
  under Chapter 83, Family Code, on or after the effective date of
  this Act. A temporary ex parte protective order issued under
  Chapter 83, Family Code, before the effective date of this Act is
  governed by the law in effect immediately before that date, and the
  former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2021.
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