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AN ACT
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relating to protective orders for certain victims of stalking or |
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sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 6, Code of Criminal Procedure, is |
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amended by adding Article 6.09 to read as follows: |
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Art. 6.09. STALKING PROTECTIVE ORDER. (a) At any |
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proceeding related to an offense under Section 42.072, Penal Code, |
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in which the defendant appears before the court, a person may |
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request the court to render a protective order under Title 4, Family |
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Code, for the protection of the person. The request is made by |
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filing "An Application for a Protective Order" in the same manner as |
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an application for a protective order under Title 4, Family Code. |
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(b) The court shall render a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding that |
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family violence occurred and is likely to occur in the future as |
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required by Section 85.001, Family Code, the court finds that |
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probable cause exists to believe that an offense under Section |
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42.072, Penal Code, occurred and that the nature of the scheme or |
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course of conduct engaged in by the defendant in the commission of |
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the offense indicates that the defendant is likely to engage in the |
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future in conduct prohibited by Section 42.072(a)(1), (2), or (3), |
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Penal Code. |
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(c) The procedure for the enforcement of a protective order |
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under Title 4, Family Code, applies to the fullest extent |
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practicable to the enforcement of a protective order under this |
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article, including provisions relating to findings, contents, |
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duration, warning, delivery, law enforcement duties, and |
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modification. |
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SECTION 2. Chapter 7A, Code of Criminal Procedure, is |
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amended by adding Article 7A.035 to read as follows: |
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Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a |
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hearing on an application for a protective order under this |
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chapter, a statement that is made by a child younger than 14 years |
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of age who is the victim of an offense under Section 21.02, 21.11, |
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22.011, or 22.021, Penal Code, and that describes the offense |
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committed against the child is admissible as evidence in the same |
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manner that a child's statement regarding alleged abuse against the |
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child is admissible under Section 104.006, Family Code, in a suit |
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affecting the parent-child relationship. |
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SECTION 3. (a) Article 6.09, Code of Criminal Procedure, |
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as added by this Act, applies to the commission of an offense under |
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Section 42.072, Penal Code, without regard to whether the offense |
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was committed before, on, or after the effective date of this Act. |
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(b) Article 7A.035, Code of Criminal Procedure, as added by |
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this Act, applies only to a hearing on an application for a |
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protective order that is commenced on or after the effective date of |
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this Act. A hearing on an application for a protective order that |
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is commenced before the effective date of this Act is governed by |
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the law in effect on the date the hearing was commenced, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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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. 1721 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1721 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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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 |