87(R) HB 366 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of a protective order prohibiting an |
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offense motivated by bias or prejudice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.103, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.103. ENFORCEMENT. The procedure for the |
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enforcement of a protective order under Title 4, Family Code, |
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applies to the fullest extent practicable to the enforcement of a |
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protective order under this subchapter, including provisions |
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relating to findings, contents, [duration,] warning, delivery, law |
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enforcement duties, and modification, except that: |
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(1) the printed statement on the warning must refer to |
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the prosecution of subsequent offenses committed because of bias or |
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prejudice; |
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(2) a protective order issued under this subchapter |
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may be effective: |
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(A) for the duration of the lives of the |
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defendant and the person for whom the protective order is issued or |
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for any shorter period stated in the order; or |
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(B) if a period is not stated in the order, until |
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the second anniversary of the date the order was issued; |
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(3) the court shall require a constable to serve a |
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protective order issued under this subchapter; and |
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(4) [(3)] the clerk of the court shall forward a copy |
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of a protective order issued under this subchapter to the |
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Department of Public Safety with a designation indicating that the |
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order was issued to prevent offenses committed because of bias or |
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prejudice. |
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SECTION 2. Subchapter C, Chapter 7B, Code of Criminal |
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Procedure, is amended by adding Article 7B.1035 to read as follows: |
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Art. 7B.1035. RESCISSION. A person for whom a protective |
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order is issued under this subchapter may file at any time an |
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application with the court to rescind the protective order. |
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SECTION 3. Section 85.025(b-3), Family Code, is amended to |
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read as follows: |
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(b-3) Subsection (b) does not apply to a protective order |
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issued under Subchapter A or C, Chapter 7B, Code of Criminal |
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Procedure. |
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SECTION 4. Article 7B.103, Code of Criminal Procedure, and |
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Section 85.025(b-3), Family Code, as amended by this Act, apply |
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only to a protective order for which an application is filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |