H.B. No. 2596 amends the Code of Criminal Procedure to expand the scope of protective orders for victims of certain offenses, specifically including burglary offenses alongside existing categories such as sexual assault, stalking, and trafficking. The bill modifies the heading of Subchapter A, Chapter 7B, to reflect this inclusion and updates the criteria for individuals eligible to file for protective orders. Notably, it allows victims of burglary offenses, as defined under Section 30.02 of the Penal Code, to seek protective orders without regard to their relationship with the alleged offender. Additionally, the bill mandates that the state attorney must file for a protective order on behalf of victims following the offender's conviction or placement on deferred adjudication community supervision for the specified offenses.
The bill also clarifies the process for issuing protective orders, stating that if a court finds a clear and present danger to the applicant, it may issue a temporary ex parte order without further notice to the alleged offender. Furthermore, it establishes that a protective order can be effective for the duration of the lives of both the offender and the victim if the offender is convicted of certain offenses and is required to register as a sex offender. The legislation aims to enhance the rights of victims within the criminal justice system, ensuring they are informed of their options and the processes available to them for seeking protection. The act is set to take effect on September 1, 2025.