Bill Text: TX SB325 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to establishing a protective order registry and the duties of court personnel and other persons and entities in regard to the registry.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB325 Detail]
Download: Texas-2019-SB325-Introduced.html
Bill Title: Relating to establishing a protective order registry and the duties of court personnel and other persons and entities in regard to the registry.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB325 Detail]
Download: Texas-2019-SB325-Introduced.html
86R3426 JCG-F | ||
By: Huffman | S.B. No. 325 |
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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 F to read as follows: | ||
SUBCHAPTER F. PROTECTIVE ORDER REGISTRY | ||
Sec. 72.151. 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 72.153. | ||
(5) "Race or ethnicity" means a particular descent, | ||
including Caucasian, African, Hispanic, Asian, or Native American | ||
descent. | ||
Sec. 72.152. 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. 72.153. 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. 72.154. 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. | ||
The registry must be searchable by: | ||
(1) the county of issuance; | ||
(2) the name of a person who is the subject of the | ||
protective order; and | ||
(3) the birth year of a person who is the subject of | ||
the protective order. | ||
(b) Publicly accessible information regarding each | ||
protective order 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 expired or will | ||
expire, as applicable. | ||
(c) A member of the public may only access the information | ||
in the registry described by Subsection (b). | ||
Sec. 72.155. 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, municipal 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, municipal 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. 72.156. ENTRY OF APPLICATIONS. (a) Except as provided | ||
by Subsection (b), 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) 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. | ||
(c) The office 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). | ||
Sec. 72.157. ENTRY OF ORDERS. (a) Except as provided by | ||
Subsection (c) and Section 72.158, 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 72.154(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 to reflect the order's status as vacated or expired. | ||
(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. 72.158. REQUEST FOR REMOVAL OF PUBLIC ACCESS. (a) 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 order, may request the office 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 | ||
72.154(b). | ||
(b) The office shall ensure that: | ||
(1) the public access to the information is removed as | ||
soon as practicable after a request is made; and | ||
(2) after public access is removed, an authorized | ||
user, district attorney, criminal district attorney, county | ||
attorney, municipal attorney, or peace officer remains able to | ||
search for and receive a copy of the order or information about the | ||
order. | ||
(c) The office may prescribe a form for use by a person | ||
requesting the removal of public access to information under | ||
Subsection (a). | ||
Sec. 72.159. 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 June 1, 2020, the Office of Court | ||
Administration of the Texas Judicial System shall establish the | ||
protective order registry required by Section 72.153, 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 June 1, 2020, 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 the 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. Notwithstanding Section 2 of this Act, the | ||
Office of Court Administration of the Texas Judicial System may not | ||
allow a member of the public to view before September 1, 2020, | ||
publicly accessible information described by Section 72.154(b), | ||
Government Code, as added by this Act, through the Internet website | ||
of the protective order registry established under Subchapter F, | ||
Chapter 72, Government Code, as added by this Act. | ||
SECTION 4. Subchapter F, 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 September 1, | ||
2020. | ||
SECTION 5. This Act takes effect September 1, 2019. |