Bill Text: TX HB421 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the notice provided by peace officers to adult victims of family violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Homeland Security & Public Safety [HB421 Detail]
Download: Texas-2021-HB421-Introduced.html
| 87R1549 MLH-D | ||
| By: Sherman, Sr. | H.B. No. 421 | |
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| relating to the notice provided by peace officers to adult victims | ||
| of family violence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 5.04(c), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (c) A written notice required by Subsection (b) of this | ||
| article is sufficient if it is in substantially the following form | ||
| with the required information in English and in Spanish inserted in | ||
| the notice: | ||
| "It is a crime for any person to cause you any physical injury | ||
| or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR | ||
| FAMILY OR HOUSEHOLD. | ||
| "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE | ||
| "Please tell the investigating peace officer: | ||
| "IF you, your child, or any other household resident has been | ||
| injured; or | ||
| "IF you feel you are going to be in danger when the officer | ||
| leaves or later. | ||
| "You have the right to: | ||
| "ASK the local prosecutor to file a criminal complaint | ||
| against the person committing family violence; and | ||
| "APPLY to a court for an order to protect you (you should | ||
| consult a legal aid office, a prosecuting attorney, or a private | ||
| attorney). If a family or household member assaults you and is | ||
| arrested, you may request that a magistrate's order for emergency | ||
| protection be issued. Please inform the investigating officer if | ||
| you want an order for emergency protection. You need not be present | ||
| when the order is issued. You cannot be charged a fee by a court in | ||
| connection with filing, serving, or entering a protective order. | ||
| For example, the court can enter an order that: | ||
| "(1) the abuser not commit further acts of violence; | ||
| "(2) the abuser not threaten, harass, or contact you at | ||
| home; | ||
| "(3) directs the abuser to leave your household; and | ||
| "(4) establishes temporary custody of the children and | ||
| directs the abuser not to interfere with the children or any | ||
| property. | ||
| "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED | ||
| PROTECTION (such as (1) and (2) above) MAY BE A FELONY. | ||
| "If the family violence was committed by a household | ||
| resident, you may TERMINATE YOUR LEASE EARLY and vacate your | ||
| dwelling before the end of your lease term. You will avoid | ||
| liability for future rent and any other future sums that would have | ||
| been due under the lease if you first provide certain documents or | ||
| court orders to your landlord. | ||
| "If you are unable to RETRIEVE IMPORTANT ITEMS OF PERSONAL | ||
| PROPERTY from your residence or former residence because an | ||
| occupant has denied you access or the occupant is a danger to you, | ||
| you may apply to a justice court for a writ authorizing you to enter | ||
| the residence accompanied by a peace officer to retrieve those | ||
| items. | ||
| "You should consult a legal aid office, a prosecuting | ||
| attorney, or a private attorney if you need help obtaining the | ||
| proper document or court order to terminate a lease or to enter a | ||
| residence to get your important personal property. | ||
| "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL | ||
| ORGANIZATIONS IF YOU NEED PROTECTION: | ||
| "____________________________ | ||
| "____________________________." | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
