Bill Text: TX SB1320 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to establishing a protective order registry and the duties of courts in regard to the registry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to State Affairs [SB1320 Detail]
Download: Texas-2017-SB1320-Introduced.html
2017S0321-1 02/24/17 | ||
By: Huffman | S.B. No. 1320 |
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relating to establishing a protective order registry and the duties | ||
of courts in regard to the registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 72, Government Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. PROTECTIVE ORDER REGISTRY | ||
Sec. 72.201. DEFINITIONS. In this subchapter: | ||
(1) "Authorized user" means a person to whom the | ||
office has given permission and the means to submit, modify, or | ||
remove records in the registry. The term does not include members | ||
of the public who may only request and view through the registry's | ||
Internet website certain information regarding protective orders | ||
entered into the registry. | ||
(2) "Peace officer" has the meaning assigned by | ||
Article 2.12, Code of Criminal Procedure. | ||
(3) "Protective order" means an injunction or other | ||
order issued by a court in this state to prevent an individual from | ||
engaging in violent or threatening acts against, harassing, | ||
contacting or communicating with, or being in physical proximity to | ||
another individual. The term includes a magistrate's order for | ||
emergency protection issued under Article 17.292, Code of Criminal | ||
Procedure. | ||
(4) "Protective order registry" or "registry" means | ||
the protective order registry established under Section 72.203. | ||
(5) "Race or ethnicity" means of a particular descent, | ||
including Caucasian, African, Hispanic, Asian, or Native American | ||
descent. | ||
Sec. 72.202. APPLICABILITY. This subchapter applies only | ||
to: | ||
(1) an application for a protective order filed under | ||
Chapter 82, Family Code, or Article 17.292, Code of Criminal | ||
Procedure; and | ||
(2) a protective order issued under Chapter 83 or 85, | ||
Family Code, or Article 17.292, Code of Criminal Procedure. | ||
Sec. 72.203. PROTECTIVE ORDER REGISTRY. (a) In | ||
consultation with the Department of Public Safety and the courts of | ||
this state, the office shall establish and maintain a central, | ||
computerized, and Internet-based registry for applications for | ||
protective orders filed in this state and protective orders issued | ||
in this state. | ||
(b) The office shall establish and maintain the registry in | ||
a manner that allows municipal and county case management systems | ||
to easily interface with the registry. | ||
Sec. 72.204. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY. | ||
(a) The office shall establish and maintain the registry in a | ||
manner that allows any person, free of charge, to electronically | ||
search for and receive publicly accessible information contained in | ||
the registry regarding each protective order issued in this state | ||
that has not yet expired or been vacated. The registry must be | ||
searchable by county and name and birth year of the person who is | ||
the subject of the protective order. | ||
(b) Publicly accessible information must consist of the | ||
following: | ||
(1) the court that issued the protective order; | ||
(2) the case number; | ||
(3) the full name, county of residence, birth year, | ||
and race or ethnicity of the person who is the subject of the | ||
protective order; | ||
(4) the dates the protective order was issued and | ||
served; | ||
(5) the date the protective order was vacated, if | ||
applicable; and | ||
(6) the date the protective order expires. | ||
(c) A member of the public may only access the information | ||
in the registry described by Subsection (b). | ||
Sec. 72.205. RESTRICTED ACCESS TO PROTECTIVE ORDER | ||
REGISTRY. (a) The registry must include a copy of each | ||
application for a protective order filed in this state and a copy of | ||
each protective order issued in this state, including a vacated or | ||
expired order. Only an authorized user, district attorney, | ||
criminal district attorney, county attorney, city attorney, or | ||
peace officer may access that information under the registry. | ||
(b) The office shall ensure that a district attorney, | ||
criminal district attorney, county attorney, city attorney, or | ||
peace officer is able to search for and receive a copy of a filed | ||
application for a protective order or a copy of an issued protective | ||
order through the registry's Internet website. | ||
Sec. 72.206. ENTRY OF APPLICATIONS. (a) Except as | ||
provided by Subsection (c), as soon as possible but not later than | ||
12 hours after the time an application for a protective order is | ||
filed, the court shall enter a copy of the application into the | ||
registry. | ||
(b) The court shall ensure that a member of the public is not | ||
able to view through the registry's Internet website the | ||
application or any information related to the application entered | ||
into the registry under Subsection (a). | ||
(c) A court may delay entering information under Subsection | ||
(a) into the registry only to the extent that the court lacks the | ||
specific information required to be entered. | ||
Sec. 72.207. ENTRY OF ORDERS. (a) Except as provided by | ||
Subsection (c) and Section 72.208, as soon as possible but not later | ||
than 12 hours after the time a court issues an original or modified | ||
protective order or extends the duration of a protective order, the | ||
court shall enter into the registry: | ||
(1) a copy of the order and, if applicable, a notation | ||
regarding any modification or extension of the order; and | ||
(2) the information required under Section 72.204(b). | ||
(b) For a protective order that is vacated or that has | ||
expired, the applicable court shall modify the record of the order | ||
in the registry: | ||
(1) to reflect the order's status as vacated or | ||
expired; and | ||
(2) to remove the ability of a member of the public to | ||
view through the registry's Internet website information about the | ||
record as described by Section 72.204(b). | ||
(c) A court may delay entering information under Subsection | ||
(a) into the registry only to the extent that the court lacks the | ||
specific information required to be entered. | ||
Sec. 72.208. REQUEST FOR REMOVAL OF INFORMATION FROM PUBLIC | ||
VIEW. On request by a person protected by an order or member of the | ||
family or household of a person protected by an order, other than | ||
the person who is the subject of the protective order, the court | ||
shall remove the ability of a member of the public to view through | ||
the registry's Internet website information about the record as | ||
described by Section 72.204(b). The court may not restrict access | ||
to or remove information from the registry so that an authorized | ||
user, district attorney, criminal district attorney, county | ||
attorney, city attorney, or peace officer is unable to search for | ||
and receive a copy of the order or information about the order. | ||
Sec. 72.209. USE OF STAFF. A court may use any available | ||
staff and resources to carry out the court's duties under this | ||
subchapter. | ||
SECTION 2. (a) Except as provided by Subsection (b) of | ||
this section, not later than January 1, 2018, the Office of Court | ||
Administration of the Texas Judicial System shall establish the | ||
protective order registry required by Section 72.203, Government | ||
Code, as added by this Act. | ||
(b) The Office of Court Administration of the Texas Judicial | ||
System may delay establishing the protective order registry | ||
described by Subsection (a) of this section for a period not to | ||
exceed 90 days if the delay is authorized by resolution of the Texas | ||
Judicial Council. | ||
(c) Not later than January 1, 2018, the Office of Court | ||
Administration of the Texas Judicial System shall establish and | ||
supervise a training program for magistrates, court staff, and | ||
peace officers on use of the protective order registry described by | ||
Subsection (a) of this section. The training program must make all | ||
materials for use in the training program available to magistrates, | ||
court staff, and peace officers. | ||
SECTION 3. Subchapter G, Chapter 72, Government Code, as | ||
added by this Act, applies only to an application for a protective | ||
order filed or a protective order issued on or after January 1, | ||
2018. | ||
SECTION 4. This Act takes effect September 1, 2017. |