Bill Text: TX SB47 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to protective orders; making conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-03 - Referred to Criminal Justice [SB47 Detail]

Download: Texas-2021-SB47-Introduced.html
  87R71 JSC-F
 
  By: Zaffirini S.B. No. 47
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to protective orders; making conforming changes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 85.005(a) and (b), Family Code, are
  amended to read as follows:
         (a)  To facilitate settlement, the parties to a proceeding
  may agree in writing to [the terms of] a protective order as
  provided by Sections [Section] 85.021 and 85.022. An agreement
  under this subsection is subject to the approval of the court. The
  court may not approve an agreement that requires the applicant for
  the protective order to do or refrain from doing an act under
  Section 85.022.
         (b)  An [To facilitate settlement, a respondent may agree in
  writing to the terms of a protective order as provided by Section
  85.022, subject to the approval of the court.  The court may not
  approve an agreement that requires the applicant to do or refrain
  from doing an act under Section 85.022. The] agreed protective
  order is enforceable civilly or criminally, regardless of whether
  the court makes the findings required by Section 85.001.
         SECTION 2.  Section 85.006(a), Family Code, is amended to
  read as follows:
         (a)  Notwithstanding Rule 107, Texas Rules of Civil
  Procedure, a [A] court may render a protective order that is binding
  on a respondent who does not attend a hearing if:
               (1)  the respondent received service of the application
  and notice of the hearing; and
               (2)  proof of service was filed with the court before
  the hearing.
         SECTION 3.  Article 7B.001(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  The following persons may file an application for a
  protective order under this subchapter without regard to the
  relationship between the applicant and the alleged offender:
               (1)  a person who is the victim of an offense under
  Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072,
  or 43.05, Penal Code;
               (2)  any adult, including a parent or guardian, who is
  acting on behalf of a victim described by Subdivision (1), if the
  victim is younger than 18 years of age or an adult ward [a person who
  is the victim of an offense under Section 20A.02, 20A.03, or 43.05,
  Penal Code]; or
               (3)  [a parent or guardian acting on behalf of a person
  younger than 17 years of age who is the victim of an offense listed
  in Subdivision (1);
               [(4)  a parent or guardian acting on behalf of a person
  younger than 18 years of age who is the victim of an offense listed
  in Subdivision (2); or
               [(5)]  a prosecuting attorney acting on behalf of a
  person described by Subdivision (1) or [,] (2)[, (3), or (4)].
         SECTION 4.  Article 7B.001, Code of Criminal Procedure, is
  amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
  Legislature, Regular Session, 2019, by adding Subsections (a-1) and
  (a-2) and is further amended to read as follows:
         (a-1)  Except as provided by Subsection (a-2), if an
  application has not yet been filed in the case under Subsection (a),
  the attorney representing the state shall promptly file an
  application for a protective order with respect to each victim of an
  offense listed in Subdivision (1) of that subsection following the
  offender's conviction of or placement on deferred adjudication
  community supervision for the offense.
         (a-2)  The attorney representing the state may not file an
  application under Subsection (a-1) with respect to a victim if the
  victim requests that the attorney representing the state not file
  the application. This subsection does not apply to a victim who is
  younger than 18 years of age or who is an adult ward.
         SECTION 5.  Article 7B.003, Code of Criminal Procedure, is
  amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
  Legislature, Regular Session, 2019, by adding Subsection (c) and is
  further amended to read as follows:
         (c)  An offender's conviction of or placement on deferred
  adjudication community supervision for an offense listed in Article
  7B.001(a)(1) constitutes reasonable grounds under Subsection (a).
         SECTION 6.  Article 7B.007, Code of Criminal Procedure, is
  amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th
  Legislature, Regular Session, 2019, by adding Subsection (a-1) and
  is further amended to read as follows:
         (a-1)  The court shall issue a protective order effective for
  the duration of the lives of the offender and victim if the offender
  is:
               (1)  convicted of or placed on deferred adjudication
  community supervision for an offense listed in Article
  7B.001(a)(1); and
               (2)  required under Chapter 62 to register for life as a
  sex offender.
         SECTION 7.  Article 7B.007, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  The following persons may file at any time an
  application with the court to rescind the protective order:
               (1)  a victim of an offense listed in Article
  7B.001(a)(1) who is 18 [17] years of age or older;
               (2)  subject to Subsection (b-1), [or] a parent or
  guardian acting on behalf of a victim of an offense listed in
  Article 7B.001(a)(1) who is younger than 18 [17] years of age or an
  adult ward; or
               (3)  a person not otherwise described by Subdivision
  (1) or (2) who filed the application for the protective order.
         (b-1)  A [(2)  a victim of an offense listed in Article
  7B.001(a)(2) or a] parent or guardian may not file an application to
  rescind the protective order under Subsection (b)(2) if the parent
  or guardian is the alleged offender subject to the protective order
  [acting on behalf of a victim who is younger than 18 years of age].
         SECTION 8.  Article 56A.052(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
  or 43.05, Penal Code.  A victim described by this subsection or a
  parent or guardian of the victim, if the victim is younger than 18
  years of age or an adult ward, is entitled to the following rights
  within the criminal justice system:
               (1)  the right to be informed:
                     (A)  that the victim or, if the victim is younger
  than 18 years of age or an adult ward, the victim's parent or
  guardian or another adult acting on the victim's behalf[, as
  applicable,] may file an application for a protective order under
  Article 7B.001;
                     (B)  of the court in which the application for a
  protective order may be filed; [and]
                     (C)  that, on request of the victim or, if the
  victim is younger than 18 years of age or an adult ward, on request
  of the victim's parent or guardian or another adult acting on the
  victim's behalf, [as applicable, and subject to the Texas
  Disciplinary Rules of Professional Conduct,] the attorney
  representing the state may, subject to the Texas Disciplinary Rules
  of Professional Conduct, file the application for a protective
  order on behalf of the requestor [victim]; and
                     (D)  that, subject to the Texas Disciplinary Rules
  of Professional Conduct, the attorney representing the state
  generally is required to file the application for a protective
  order with respect to the victim if the defendant is convicted of or
  placed on deferred adjudication community supervision for the
  offense;
               (2)  the right to:
                     (A)  request that the attorney representing the
  state, subject to the Texas Disciplinary Rules of Professional
  Conduct, file an application for a protective order described by
  Subdivision (1); and
                     (B)  be notified when the attorney representing
  the state files an application for a protective order under Article
  7B.001;
               (3)  if the victim or the victim's parent or guardian,
  as applicable, is present when the defendant is convicted or placed
  on deferred adjudication community supervision, the right to:
                     (A)  be given by the court the information
  described by Subdivision (1); and
                     (B)  file an application for a protective order
  under Article 7B.001 immediately following the defendant's
  conviction or placement on deferred adjudication community
  supervision if the court has jurisdiction over the application; and
               (4)  if the victim or the victim's parent or guardian,
  as applicable, is not present when the defendant is convicted or
  placed on deferred adjudication community supervision, the right to
  be given by the attorney representing the state the information
  described by Subdivision (1).
         SECTION 9.  Section 25.07(g), Penal Code, is amended to read
  as follows:
         (g)  An offense under this section is a Class A misdemeanor,
  except the offense is:
               (1)  subject to Subdivision (2), a state jail felony if
  it is shown at the trial of the offense that the defendant violated
  an order issued under Subchapter A, Chapter 7B [as a result of an
  application filed under Article 7A.01(a-1)], Code of Criminal
  Procedure, following the defendant's conviction of or placement on
  deferred adjudication community supervision for an offense, if the
  order was issued with respect to a victim of that offense; or
               (2)  a felony of the third degree if it is shown on the
  trial of the offense that the defendant:
                     (A)  has previously been convicted two or more
  times of an offense under this section or two or more times of an
  offense under Section 25.072, or has previously been convicted of
  an offense under this section and an offense under Section 25.072;
  or
                     (B)  has violated the order or condition of bond
  by committing an assault or the offense of stalking.
         SECTION 10.  The following provisions are repealed:
               (1)  Section 1, Chapter 1066 (H.B. 1343), Acts of the
  86th Legislature, Regular Session, 2019, which amended Article
  7A.01, Code of Criminal Procedure;
               (2)  Section 2, Chapter 1066 (H.B. 1343), Acts of the
  86th Legislature, Regular Session, 2019, which amended Article
  7A.03, Code of Criminal Procedure; and
               (3)  Section 3, Chapter 1066 (H.B. 1343), Acts of the
  86th Legislature, Regular Session, 2019, which amended Article
  7A.07, Code of Criminal Procedure.
         SECTION 11.  Section 85.005, Family Code, as amended by this
  Act, applies only to a protective order approved by the court on or
  after the effective date of this Act.
         SECTION 12.  Section 85.006, Family Code, as amended by this
  Act, applies only to a protective order for which the respondent
  receives service on or after the effective date of this Act.
         SECTION 13.  Subchapter A, Chapter 7B, Code of Criminal
  Procedure, as amended by this Act, applies only to a protective
  order for which an application is filed on or after the effective
  date of this Act.
         SECTION 14.  Article 56A.052(d), Code of Criminal Procedure,
  as amended by this Act, applies to a victim of criminally injurious
  conduct for which a judgment of conviction is entered or a grant of
  deferred adjudication community supervision is made on or after the
  effective date of this Act, regardless of whether the criminally
  injurious conduct occurred before, on, or after the effective date
  of this Act.
         SECTION 15.  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 16.  This Act takes effect September 1, 2021.
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