Bill Text: TX HB1721 | 2011-2012 | 82nd Legislature | Enrolled

Texas House Bill 1721 (Prior Session Legislation)

Bill Title: Relating to protective orders for certain victims of stalking or sexual assault.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1721 Detail]

Download: Texas-2011-HB1721-Enrolled.html



	H.B. No. 1721




	AN ACT
	relating to protective orders for certain victims of stalking or
	sexual assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 6, Code of Criminal Procedure, is
	amended by adding Article 6.09 to read as follows:
	Art. 6.09. STALKING PROTECTIVE ORDER. (a) At any
	proceeding related to an offense under Section 42.072, Penal Code,
	in which the defendant appears before the court, a person may
	request the court to render a protective order under Title 4, Family
	Code, for the protection of the person. The request is made by
	filing "An Application for a Protective Order" in the same manner as
	an application for a protective order under Title 4, Family Code.
	(b) The court shall render a protective order in the manner
	provided by Title 4, Family Code, if, in lieu of the finding that
	family violence occurred and is likely to occur in the future as
	required by Section 85.001, Family Code, the court finds that
	probable cause exists to believe that an offense under Section
	42.072, Penal Code, occurred and that the nature of the scheme or
	course of conduct engaged in by the defendant in the commission of
	the offense indicates that the defendant is likely to engage in the
	future in conduct prohibited by Section 42.072(a)(1), (2), or (3),
	Penal Code.
	(c) 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
	article, including provisions relating to findings, contents,
	duration, warning, delivery, law enforcement duties, and
	modification.
	SECTION 2. Chapter 7A, Code of Criminal Procedure, is
	amended by adding Article 7A.035 to read as follows:
	Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a
	hearing on an application for a protective order under this
	chapter, a statement that is made by a child younger than 14 years
	of age who is the victim of an offense under Section 21.02, 21.11,
	22.011, or 22.021, Penal Code, and that describes the offense
	committed against the child is admissible as evidence in the same
	manner that a child's statement regarding alleged abuse against the
	child is admissible under Section 104.006, Family Code, in a suit
	affecting the parent-child relationship.
	SECTION 3. (a) Article 6.09, Code of Criminal Procedure,
	as added by this Act, applies to the commission of an offense under
	Section 42.072, Penal Code, without regard to whether the offense
	was committed before, on, or after the effective date of this Act.
	(b) Article 7A.035, Code of Criminal Procedure, as added by
	this Act, applies only to a hearing on an application for a
	protective order that is commenced on or after the effective date of
	this Act. A hearing on an application for a protective order that
	is commenced before the effective date of this Act is governed by
	the law in effect on the date the hearing was commenced, and the
	former law is continued in effect for that purpose.
	SECTION 4. This Act takes effect September 1, 2011.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 1721 was passed by the House on April
	26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 1721 was passed by the Senate on May
	25, 2011, by the following vote: Yeas 31, Nays 0
	.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor