Bill Text: TX SB789 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the duration of a protective order against family violence.

Sponsorship: Partisan Bill (Republican 3)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB789 Detail]

Download: Texas-2011-SB789-Enrolled.html

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S.B. No. 789

AN ACT
relating to the duration of a protective order against family
violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.001, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) If the court renders a protective order for a period of
more than two years, the court must include in the order a finding
described by Section 85.025(a-1).
SECTION 2. Section 85.025, Family Code, is amended to read
as follows:
Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as
otherwise provided by this section [Subsection (b) or (c)], an
order under this subtitle is effective:
(1) for the period stated in the order, not to exceed
two years; or
(2) if a period is not stated in the order, until the
second anniversary of the date the order was issued.
(a-1) The court may render a protective order sufficient to
protect the applicant and members of the applicant's family or
household that is effective for a period that exceeds two years if
the court finds that the person who is the subject of the protective
order:
(1) caused serious bodily injury to the applicant or a
member of the applicant's family or household; or
(2) was the subject of two or more previous protective
orders rendered:
(A) to protect the person on whose behalf the
current protective order is sought; and
(B) after a finding by the court that the subject
of the protective order:
(i) has committed family violence; and
(ii) is likely to commit family violence in
the future.
(b) A person who is the subject of a protective order may
file a motion not earlier than the first anniversary of the date on
which the order was rendered requesting that the court review the
protective order and determine whether there is a continuing need
for the order. A person who is the subject of a protective order
under Subsection (a-1) that is effective for a period that exceeds
two years may file a subsequent motion requesting that the court
review the protective order and determine whether there is a
continuing need for the order not earlier than the first
anniversary of the date on which the court rendered an order on a
previous motion by the person under this subsection. After a
hearing on the motion, if the court does not make a finding that
[finds] there is no [a] continuing need for the protective order,
the protective order remains in effect until the date the order
expires under this section. Evidence of the movant's compliance
with the protective order does not by itself support a finding by
the court that there is no continuing need for the protective order.
If the court finds there is no continuing need for the protective
order, the court shall order that the protective order expires on a
date set by the court.
(c) If a person who is the subject of a protective order is
confined or imprisoned on the date the protective order would
expire under Subsection (a) or (a-1), the period for which the order
is effective is extended, and the order expires on the first
anniversary of the date the person is released from confinement or
imprisonment.
SECTION 3. Section 87.002, Family Code, is amended to read
as follows:
Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
A protective order may not be modified to extend the period of the
order's validity beyond the second anniversary of the date the
original order was rendered or beyond the date the order expires
under Section 85.025(a-1) or (c) [85.025(c)], whichever date occurs
later.
SECTION 4. The change in law made by this Act applies only
to an application for a protective order that is filed on or after
the effective date of this Act. An application for a protective
order filed before the effective date of this Act 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 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 789 passed the Senate on
April 7, 2011, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 25, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 789 passed the House, with
amendment, on May 23, 2011, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor