Bill Text: TX SB48 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance and effectiveness of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective immediately [SB48 Detail]
Download: Texas-2023-SB48-Comm_Sub.html
Bill Title: Relating to the issuance and effectiveness of protective orders, magistrate's orders for emergency protection, and temporary ex parte orders.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-18 - Effective immediately [SB48 Detail]
Download: Texas-2023-SB48-Comm_Sub.html
By: Zaffirini | S.B. No. 48 | |
(Leach) | ||
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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 | ||
72.039, 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 [ |
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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 72.039, | ||
Government Code, that is available on the office's Internet | ||
website, and shall include in the application [ |
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(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. 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 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, 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 11. 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 12. 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. |