Bill Text: TX SB116 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to protective orders against dating violence.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB116 Detail]
Download: Texas-2011-SB116-Enrolled.html
| S.B. No. 116 | ||
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| relating to protective orders against dating violence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Kristy Appleby | ||
| Act. | ||
| SECTION 2. Subsection (a), Section 71.0021, Family Code, is | ||
| amended to read as follows: | ||
| (a) "Dating violence" means an act, other than a defensive | ||
| measure to protect oneself, by an actor [ |
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| (1) is committed against a victim: | ||
| (A) [ |
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| [ |
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| (B) because of the victim's marriage to or dating | ||
| relationship with an individual with whom the actor is or has been | ||
| in a dating relationship or marriage; and | ||
| (2) [ |
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| bodily injury, assault, or sexual assault or that is a threat that | ||
| reasonably places the victim [ |
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| physical harm, bodily injury, assault, or sexual assault[ |
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| SECTION 3. Subsection (b), Section 82.002, Family Code, is | ||
| amended to read as follows: | ||
| (b) With regard to family violence under Section 71.004(3), | ||
| an application for a protective order to protect the applicant may | ||
| be filed by: | ||
| (1) an adult member of the dating relationship; or | ||
| (2) an adult member of the marriage, if the victim is | ||
| or was married as described by Section 71.0021(a)(1)(B). | ||
| SECTION 4. The change in law made by this Act to Sections | ||
| 71.0021 and 82.002, Family Code, applies only to an application for | ||
| a protective order that is filed on or after the effective date of | ||
| this Act. An application for a protective order filed before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the application is filed, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 5. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 116 passed the Senate on | ||
| March 21, 2011, by the following vote: Yeas 30, Nays 0; and that | ||
| the Senate concurred in House amendment on May 23, 2011, by the | ||
| following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 116 passed the House, with | ||
| amendment, on May 19, 2011, by the following vote: Yeas 148, | ||
| Nays 0, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
