Bill Text: TX SB112 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the authority of a magistrate to prohibit certain communications in an order for emergency protection; amending provisions subject to a criminal penalty.
Sponsorship: Bipartisan Bill
Status: (Passed) 2015-05-23 - Effective immediately [SB112 Detail]
Download: Texas-2015-SB112-Enrolled.html
| S.B. No. 112 | ||
|
|
||
| relating to the authority of a magistrate to prohibit certain | ||
| communications in an order for emergency protection; amending | ||
| provisions subject to a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 17.292(c), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (c) The magistrate in the order for emergency protection may | ||
| prohibit the arrested party from: | ||
| (1) committing: | ||
| (A) family violence or an assault on the person | ||
| protected under the order; or | ||
| (B) an act in furtherance of an offense under | ||
| Section 42.072, Penal Code; | ||
| (2) communicating: | ||
| (A) directly with a member of the family or | ||
| household or with the person protected under the order in a | ||
| threatening or harassing manner; [ |
||
| (B) a threat through any person to a member of the | ||
| family or household or to the person protected under the order; or | ||
| (C) if the magistrate finds good cause, in any | ||
| manner with a person protected under the order or a member of the | ||
| family or household of a person protected under the order, except | ||
| through the party's attorney or a person appointed by the court; | ||
| (3) going to or near: | ||
| (A) the residence, place of employment, or | ||
| business of a member of the family or household or of the person | ||
| protected under the order; or | ||
| (B) the residence, child care facility, or school | ||
| where a child protected under the order resides or attends; or | ||
| (4) possessing a firearm, unless the person is a peace | ||
| officer, as defined by Section 1.07, Penal Code, actively engaged | ||
| in employment as a sworn, full-time paid employee of a state agency | ||
| or political subdivision. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 112 passed the Senate on | ||
| April 13, 2015, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 13, 2015, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 112 passed the House, with | ||
| amendment, on May 5, 2015, by the following vote: Yeas 146, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
