Bill Text: TX SB1458 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to standardized forms and materials for the issuance of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [SB1458 Detail]
Download: Texas-2021-SB1458-Introduced.html
Bill Title: Relating to standardized forms and materials for the issuance of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [SB1458 Detail]
Download: Texas-2021-SB1458-Introduced.html
By: Zaffirini | S.B. No. 1458 | |
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relating to standardized forms and materials for the issuance of | ||
protective orders, magistrate's orders for emergency protection, | ||
and temporary ex parte orders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 7B.001, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A person filing an application under this article shall | ||
use the protective order application form created by the Office of | ||
Court Administration of the Texas Judicial System under Section | ||
72.036, Government Code, that is available on the office's Internet | ||
website. | ||
SECTION 2. Article 7B.002, Code of Criminal Procedure, is | ||
amended to conform to Chapter 955 (S.B. 194), Acts of the 86th | ||
Legislature, Regular Session, 2019, and is further amended to read | ||
as follows: | ||
Art. 7B.002. TEMPORARY EX PARTE ORDER. (a) If the court | ||
finds from the information contained in an application for a | ||
protective order that there is a clear and present danger of sexual | ||
assault or abuse, indecent assault, stalking, trafficking, or other | ||
harm to the applicant, the court, without further notice to the | ||
alleged offender and without a hearing, may issue a temporary ex | ||
parte order for the protection of the applicant or any other member | ||
of the applicant's family or household. | ||
(b) The court shall use the standardized temporary ex parte | ||
order form created by the Office of Court Administration of the | ||
Texas Judicial System under Section 72.036, Government Code, to | ||
issue a temporary ex parte order under this article. | ||
SECTION 3. Article 7B.003, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) The court shall use the standardized protective order | ||
form created by the Office of Court Administration of the Texas | ||
Judicial System under Section 72.036, Government Code, to issue a | ||
protective order under this article. | ||
SECTION 4. Article 17.292, Code of Criminal Procedure, is | ||
amended by adding Subsection (d-1) to read as follows: | ||
(d-1) The magistrate shall use the standardized order for | ||
emergency protection form created by the Office of Court | ||
Administration of the Texas Judicial System under Section 72.036, | ||
Government Code, to issue an order for emergency protection under | ||
this article. | ||
SECTION 5. Section 82.004, Family Code, is amended to read | ||
as follows: | ||
Sec. 82.004. FORM AND CONTENT [ |
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person filing an application under this chapter shall use the | ||
protective order application form created by the Office of Court | ||
Administration of the Texas Judicial System under Section 72.036, | ||
Government Code, that is available on the office's Internet | ||
website, and shall include in the application [ |
||
(1) the name and county of residence of each | ||
applicant; | ||
(2) the name and county of residence of each | ||
individual alleged to have committed family violence; | ||
(3) the relationships between the applicants and the | ||
individual alleged to have committed family violence; | ||
(4) a request for one or more protective orders; and | ||
(5) whether an applicant is receiving services from | ||
the Title IV-D agency in connection with a child support case and, | ||
if known, the agency case number for each open case. | ||
SECTION 6. Chapter 83, Family Code, is amended by adding | ||
Section 83.007 to read as follows: | ||
Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM. The | ||
court shall use the standardized temporary ex parte order form | ||
created by the Office of Court Administration of the Texas Judicial | ||
System under Section 72.036, Government Code, to issue a temporary | ||
ex parte order under this chapter. | ||
SECTION 7. Subchapter B, Chapter 85, Family Code, is | ||
amended by adding Section 85.0225 to read as follows: | ||
Sec. 85.0225. STANDARD PROTECTIVE ORDER FORM. The court | ||
shall use the standardized protective order form created by the | ||
Office of Court Administration of the Texas Judicial System under | ||
Section 72.036, Government Code, to issue a protective order under | ||
this chapter. | ||
SECTION 8. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.036 to read as follows: | ||
Sec. 72.036. PROTECTIVE ORDER APPLICATIONS, FORMS, AND | ||
MATERIALS. (a) The office shall develop and make available on the | ||
office's Internet website standardized forms and other materials | ||
necessary to apply for, issue, deny, revise, rescind, serve, and | ||
enforce any of the following: | ||
(1) a protective order under Title 4, Family Code, or | ||
Subchapter A, Chapter 7B, Code of Criminal Procedure; | ||
(2) a magistrate's order for emergency protection | ||
under Article 17.292, Code of Criminal Procedure; or | ||
(3) a temporary ex parte order under Chapter 83, | ||
Family Code, or Article 7B.002, Code of Criminal Procedure. | ||
(b) Each standardized form developed under Subsection (a) | ||
to be used by a magistrate or court issuing an order must include: | ||
(1) the prohibitions and requirements imposed on the | ||
respondent; | ||
(2) the duration of the order; | ||
(3) the potential consequences of violating the order; | ||
and | ||
(4) any other admonishments or warnings required by | ||
law. | ||
(c) The materials developed under Subsection (a) must | ||
include a procedure to ensure that a copy of the order is | ||
transmitted to all required parties and all relevant information is | ||
entered into the statewide law enforcement information system | ||
maintained by the Department of Public Safety under Section 411.042 | ||
and any other applicable databases. | ||
(d) In developing the required applications, forms, and | ||
materials, the office shall: | ||
(1) consult with individuals and organizations with | ||
knowledge and experience in the issues of protective orders, | ||
including the Texas Council on Family Violence; and | ||
(2) give consideration to promoting uniformity of law | ||
among the states that enact the Uniform Interstate Enforcement of | ||
Domestic Violence Protection Orders Act. | ||
SECTION 9. As soon as practicable after the effective date | ||
of this Act, but not later than June 1, 2022, the Office of Court | ||
Administration of the Texas Judicial System shall create and make | ||
available on the office's Internet website all forms and materials | ||
required by Section 72.036, Government Code, as added by this Act. | ||
If the office completes the forms and materials required by Section | ||
72.036, Government Code, as added by this Act, before June 1, 2022, | ||
the office shall notify each court clerk, judge, magistrate, and | ||
prosecution agency in the state of the availability of the forms and | ||
materials. | ||
SECTION 10. Article 7B.001, Code of Criminal Procedure, as | ||
amended by this Act, and Section 82.004, Family Code, as amended by | ||
this Act, apply only to an application for a protective order that | ||
is filed on or after June 1, 2022. An application for a protective | ||
order filed before June 1, 2022, 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 11. Articles 7B.002, 7B.003, and 17.292, Code of | ||
Criminal Procedure, as amended by this Act, and Sections 83.007 and | ||
85.0225, Family Code, as added by this Act, apply only to a | ||
protective order, magistrate's order for emergency protection, or | ||
temporary ex parte order that is issued on or after June 1, 2022. An | ||
order issued before June 1, 2022, 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 12. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 13. 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, 2021. |