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AN ACT
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relating to procedures applicable in circumstances involving |
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family violence or other criminal conduct and military personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.042, Family Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c) and (d) to |
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read as follows: |
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(a-1) This subsection applies only if the respondent, at the |
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time of issuance of an original or modified protective order under |
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this subtitle, is a member of the state military forces or is |
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serving in the armed forces of the United States in an active-duty |
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status. In addition to complying with Subsection (a), the clerk of |
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the court shall also provide a copy of the protective order and the |
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information described by that subsection to the staff judge |
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advocate at Joint Force Headquarters or the provost marshal of the |
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military installation to which the respondent is assigned with the |
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intent that the commanding officer will be notified, as applicable. |
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(c) The clerk of a court that vacates an original or |
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modified protective order under this subtitle shall notify each |
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individual or entity [the chief of police or constable and sheriff] |
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who received a copy of the original or modified order from the clerk |
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under this section that the order is vacated. |
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(d) The applicant or the applicant's attorney shall provide |
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to the clerk of the court: |
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(1) the name and address of each law enforcement |
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agency, child-care facility, [and] school, and other individual or |
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entity to which the clerk is required to mail a copy of the order |
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under this section; and |
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(2) any other information required under Section |
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411.042(b)(6), Government Code. |
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SECTION 2. Article 5.05, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-2) to |
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read as follows: |
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(a) A peace officer who investigates a family violence |
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incident or who responds to a disturbance call that may involve |
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family violence shall make a written report, including but not |
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limited to: |
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(1) the names of the suspect and complainant; |
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(2) the date, time, and location of the incident; |
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(3) any visible or reported injuries; [and] |
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(4) a description of the incident and a statement of |
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its disposition; and |
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(5) whether the suspect is a member of the state |
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military forces or is serving in the armed forces of the United |
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States in an active-duty status. |
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(a-2) If a suspect is identified as being a member of the |
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military, as described by Subsection (a)(5), the peace officer |
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shall provide written notice of the incident or disturbance call to |
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the staff judge advocate at Joint Force Headquarters or the provost |
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marshal of the military installation to which the suspect is |
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assigned with the intent that the commanding officer will be |
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notified, as applicable. |
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SECTION 3. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0182 to read as follows: |
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Art. 42.0182. NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED |
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BY CLERK OF COURT. (a) This article applies only: |
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(1) to conviction or deferred adjudication granted on |
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the basis of: |
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(A) an offense that constitutes family violence, |
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as defined by Section 71.004, Family Code; or |
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(B) an offense under Title 5, Penal Code; and |
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(2) if the defendant is a member of the state military |
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forces or is serving in the armed forces of the United States in an |
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active-duty status. |
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(b) As soon as possible after the date on which the |
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defendant is convicted or granted deferred adjudication on the |
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basis of an offense, the clerk of the court in which the conviction |
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or deferred adjudication is entered shall provide written notice of |
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the conviction or deferred adjudication to the staff judge advocate |
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at Joint Force Headquarters or the provost marshal of the military |
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installation to which the defendant is assigned with the intent |
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that the commanding officer will be notified, as applicable. |
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SECTION 4. Section 9, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (l) to read as follows: |
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(l) Each presentence investigation shall include |
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information regarding whether the defendant is a current or former |
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member of the state military forces or whether the defendant is |
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currently serving or has previously served in the armed forces of |
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the United States in an active-duty status. If the defendant has |
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served in an active-duty status, the investigation shall |
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additionally determine whether the defendant was deployed to a |
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combat zone and whether the defendant may suffer from |
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post-traumatic stress disorder or a traumatic brain injury. In |
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addition, if available, a copy of the defendant's military |
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discharge papers and military records must be included in the |
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investigation report provided to the judge under Subsection (a) of |
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this section. |
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SECTION 5. 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. 2624 was passed by the House on April |
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27, 2011, by the following vote: Yeas 147, Nays 0, 1 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. 2624 was passed by the Senate on May |
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19, 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 |