Bill Text: TX SB48 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the issuance and effectiveness of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
Sponsorship: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective immediately [SB48 Detail]
Download: Texas-2023-SB48-Enrolled.html
| S.B. No. 48 | ||
|
|
||
| relating to the issuance and effectiveness 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 | ||
| 72.039, Government Code, that is available on the office's Internet | ||
| website. | ||
| SECTION 2. Subchapter A, Chapter 7B, Code of Criminal | ||
| Procedure, is amended by adding Article 7B.0021 to read as follows: | ||
| Art. 7B.0021. STANDARD TEMPORARY EX PARTE ORDER FORM. (a) | ||
| 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 72.039, Government Code, to issue a temporary | ||
| ex parte order under Article 7B.002. | ||
| (b) A court's failure to use the standardized temporary ex | ||
| parte order form as required under Subsection (a) does not affect | ||
| the validity or enforceability of the temporary ex parte order | ||
| issued. | ||
| SECTION 3. Article 7B.003, Code of Criminal Procedure, is | ||
| amended by adding Subsections (d) and (e) to read as follows: | ||
| (d) The court shall use the standardized protective order | ||
| form created by the Office of Court Administration of the Texas | ||
| Judicial System under Section 72.039, Government Code, to issue a | ||
| protective order under this article. | ||
| (e) A court's failure to use the standardized protective | ||
| order form as required under Subsection (d) does not affect the | ||
| validity or enforceability of the protective order issued. | ||
| SECTION 4. Article 17.292, Code of Criminal Procedure, is | ||
| amended by adding Subsections (d-1) and (d-2) 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 72.039, | ||
| Government Code, to issue an order for emergency protection under | ||
| this article. | ||
| (d-2) A magistrate's failure to use the standardized order | ||
| for emergency protection form as required under Subsection (d-1) | ||
| does not affect the validity or enforceability of the order for | ||
| emergency protection issued. | ||
| SECTION 5. Section 82.004, Family Code, is amended to read | ||
| as follows: | ||
| Sec. 82.004. FORM AND CONTENT [ |
||
| 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 72.039, | ||
| 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. (a) | ||
| 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 72.039, Government Code, to issue a temporary | ||
| ex parte order under this chapter. | ||
| (b) A court's failure to use the standardized temporary ex | ||
| parte order form as required under Subsection (a) does not affect | ||
| the validity or enforceability of the temporary ex parte order | ||
| issued. | ||
| SECTION 7. Subchapter B, Chapter 85, Family Code, is | ||
| amended by adding Section 85.0221 to read as follows: | ||
| Sec. 85.0221. STANDARD PROTECTIVE ORDER FORM. (a) The | ||
| court shall use the standardized protective order form created by | ||
| the Office of Court Administration of the Texas Judicial System | ||
| under Section 72.039, Government Code, to issue a protective order | ||
| under this chapter. | ||
| (b) A court's failure to use the standardized protective | ||
| order form as required under Subsection (a) does not affect the | ||
| validity or enforceability of the protective order issued. | ||
| SECTION 8. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.039 to read as follows: | ||
| Sec. 72.039. 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 | ||
| required by Section 411.042(b)(6) 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, organizations, and | ||
| state agencies that have knowledge and experience in the issues of | ||
| protective orders, including: | ||
| (A) the Texas Council on Family Violence; | ||
| (B) the Department of Public Safety; | ||
| (C) nonprofit organizations that advocate for | ||
| the survivors of sexual assault or family violence; | ||
| (D) individuals, organizations, and state | ||
| agencies that provide training to judges, prosecutors, and law | ||
| enforcement officers; | ||
| (E) the judges or justices of courts of varying | ||
| jurisdictions; | ||
| (F) law enforcement agencies; | ||
| (G) prosecutors; and | ||
| (H) an organization that receives federal | ||
| funding under the legal assistance for victims grant program and | ||
| that has expertise in issues related to family violence, sexual | ||
| assault, or stalking; 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. (a) In this section: | ||
| (1) "Office" means the Office of Court Administration | ||
| of the Texas Judicial System. | ||
| (2) "Protective order" means any order that is issued | ||
| or rendered by a court and that prohibits a person from engaging in | ||
| certain specified conduct directed toward another person or | ||
| property, including: | ||
| (A) a protective order under Title 4, Family | ||
| Code; | ||
| (B) a temporary restraining order under Section | ||
| 6.501, Family Code, or a protective order under Section 6.504, | ||
| Family Code; | ||
| (C) a magistrate's order for emergency | ||
| protection under Article 17.292, Code of Criminal Procedure; and | ||
| (D) a protective order under Subchapter A, | ||
| Chapter 7B, Code of Criminal Procedure. | ||
| (b) The office shall conduct a study on the effectiveness of | ||
| protective orders in protecting victims of violence in this state. | ||
| (c) Notwithstanding any other law, the Department of Public | ||
| Safety shall assist the office in conducting the study required by | ||
| this section by providing the office criminal history records at | ||
| the time and in the form requested by the office. | ||
| (d) The office shall create a report based on the study | ||
| conducted under this section. The report must include: | ||
| (1) an evaluation of the effectiveness of protective | ||
| orders in protecting victims of violence in this state by deterring | ||
| the person who is the subject of the order from engaging in the | ||
| conduct prohibited under those orders; and | ||
| (2) legislative recommendations on methods to improve | ||
| the enforcement of protective orders in this state. | ||
| (e) Not later than September 1, 2024, the office shall | ||
| submit the report required under Subsection (c) of this section to | ||
| the governor, lieutenant governor, speaker of the house of | ||
| representatives, and appropriate committees of the legislature. | ||
| (f) This section expires January 1, 2025. | ||
| SECTION 10. As soon as practicable after the effective date | ||
| of this Act, but not later than June 1, 2024, 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 72.039, Government Code, as added by this Act. | ||
| If the office completes the forms and materials required by Section | ||
| 72.039, Government Code, as added by this Act, before June 1, 2024, | ||
| the office shall notify each court clerk, judge, magistrate, and | ||
| prosecution agency in the state of the availability of the forms and | ||
| materials. | ||
| SECTION 11. 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, 2024. An application for a protective | ||
| order filed before June 1, 2024, 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 12. Articles 7B.003 and 17.292, Code of Criminal | ||
| Procedure, as amended by this Act, Article 7B.0021, Code of | ||
| Criminal Procedure, as added by this Act, and Sections 83.007 and | ||
| 85.0221, 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, 2024. An | ||
| order issued before June 1, 2024, 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 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, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 48 passed the Senate on | ||
| April 3, 2023, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 22, 2023, by the | ||
| following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 48 passed the House, with | ||
| amendment, on May 18, 2023, by the following vote: Yeas 146, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
