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AN ACT
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relating to the issuance of a protective order for a victim of the |
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offense of sexual assault, aggravated sexual assault, or indecency |
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with a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A person who is the victim of an offense under Section |
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21.11, 22.011, or 22.021, Penal Code, a parent or guardian acting on |
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behalf of a person younger than 17 years of age who is the victim of |
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such an offense, or a prosecuting attorney acting on behalf of the |
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person[,] may file an application for a protective order under this |
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chapter without regard to the relationship between the applicant |
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and the alleged offender. |
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SECTION 2. Article 7A.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. (a) At the close of a hearing on an application for a |
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protective order under this chapter, the court shall find whether |
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there are reasonable grounds to believe that the applicant is[:
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[(1)] the victim of a sexual assault[;] and: |
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(1) is younger than 18 years of age; or |
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(2) regardless of age, is the subject of a threat that |
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reasonably places the applicant in fear of further harm from the |
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alleged offender. |
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(b) If the court finds reasonable grounds to believe that |
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the applicant is the victim of a sexual assault and is younger than |
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18 years of age, or regardless of age, the subject of a threat that |
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reasonably places the applicant in fear of further harm from the |
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alleged offender, the court shall issue a protective order that |
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includes a statement of the required findings. |
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SECTION 3. Chapter 7A, Code of Criminal Procedure, is |
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amended by adding Article 7A.07 to read as follows: |
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Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective |
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order issued under Article 7A.03 may be effective for the duration |
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of the lives of the offender and victim as provided by Subsection |
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(b), or for any shorter period stated in the order. If a period is |
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not stated in the order, the order is effective until the second |
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anniversary of the date the order was issued. |
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(b) A protective order issued under Article 7A.03 may be |
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effective for the duration of the lives of the offender and victim |
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only if the court finds reasonable cause to believe that the victim |
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is the subject of a threat that reasonably places the victim in fear |
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of further harm from the alleged offender. |
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(c) A victim who is 17 years of age or older or a parent or |
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guardian acting on behalf of a victim who is younger than 17 years |
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of age may file at any time an application with the court to rescind |
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the protective order. |
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(d) If a person who is the subject of a protective order |
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issued under Article 7A.03 is confined or imprisoned on the date the |
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protective order is due to expire under Subsection (a), the period |
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for which the order is effective is extended, and the order expires |
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on the first anniversary of the date the person is released from |
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confinement or imprisonment. |
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(e) To the extent of any conflict with Section 85.025, |
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Family Code, this article prevails. |
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SECTION 4. The change in law made by this Act applies to a |
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protective order issued on or after the effective date of this Act |
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on the basis of an offense committed before, on, or after the |
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effective date of this Act. A protective order issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the protective order was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1988 was passed by the House on May 1, |
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2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1988 on May 25, 2007, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1988 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |