Bill Text: TX HB472 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to judicial review of protective orders and the duration of those orders.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2017-05-10 - Laid on the table subject to call [HB472 Detail]

Download: Texas-2017-HB472-Comm_Sub.html
  85R854 LHC-F
 
  By: Dale, Villalba H.B. No. 472
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial review of protective orders and the duration
  of those orders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.025, Family Code, is amended by
  amending Subsection (b) and adding Subsections (b-1), (b-2), and
  (b-3) to read as follows:
         (b)  A person who is the subject of a protective order may
  file a motion not earlier than the first anniversary of the date on
  which the order was rendered requesting that the court review the
  protective order and determine whether there is a continuing need
  for the order.
         (b-1)  Following the filing of a motion under Subsection (b),
  a [A] person who is the subject of a protective order issued under
  Subsection (a-1) that is effective for a period that exceeds two
  years may file not more than one [a] subsequent motion requesting
  that the court review the protective order and determine whether
  there is a continuing need for the order. The subsequent motion may
  not be filed earlier than the first anniversary of the date on which
  the court rendered an order on the [a] previous motion by the person
  [under this subsection].
         (b-2)  After a hearing on a [the] motion under Subsection (b)
  or (b-1), if the court does not make a finding that there is no
  continuing need for the protective order, the protective order
  remains in effect until the date the order expires under this
  section. Evidence of the movant's compliance with the protective
  order does not by itself support a finding by the court that there
  is no continuing need for the protective order.  If the court finds
  there is no continuing need for the protective order, the court
  shall order that the protective order expires on a date set by the
  court.
         (b-3)  Subsection (b) does not apply to a protective order
  issued under Chapter 7A, Code of Criminal Procedure.
         SECTION 2.  Article 7A.07(c), Code of Criminal Procedure, is
  repealed.
         SECTION 3.  The changes in law made by this Act apply only to
  a protective order issued on or after the effective date of this
  Act. A protective order issued before the effective date of this
  Act is governed by the law in effect on the date the order is issued,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
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