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
 
 
 
 
AN ACT
  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 [individual] that:
               (1)  is committed against a victim:
                     (A)  [another individual] with whom the actor
  [that person] has or has had a dating relationship; or
                     (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)  [that] is intended to result in physical harm,
  bodily injury, assault, or sexual assault or that is a threat that
  reasonably places the victim [individual] in fear of imminent
  physical harm, bodily injury, assault, or sexual assault[, but does
  not include defensive measures to protect oneself].
         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
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