H.B. No. 2624
 
 
 
 
AN ACT
  relating to procedures applicable in circumstances involving
  family violence or other criminal conduct and military personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.042, Family Code, is amended by
  adding Subsection (a-1) and amending Subsections (c) and (d) to
  read as follows:
         (a-1)  This subsection applies only if the respondent, at the
  time of issuance of an original or modified protective order under
  this subtitle, is a member of the state military forces or is
  serving in the armed forces of the United States in an active-duty
  status. In addition to complying with Subsection (a), the clerk of
  the court shall also provide a copy of the protective order and the
  information described by that subsection to the staff judge
  advocate at Joint Force Headquarters or the provost marshal of the
  military installation to which the respondent is assigned with the
  intent that the commanding officer will be notified, as applicable.
         (c)  The clerk of a court that vacates an original or
  modified protective order under this subtitle shall notify each
  individual or entity [the chief of police or constable and sheriff]
  who received a copy of the original or modified order from the clerk
  under this section that the order is vacated.
         (d)  The applicant or the applicant's attorney shall provide
  to the clerk of the court:
               (1)  the name and address of each law enforcement
  agency, child-care facility, [and] school, and other individual or
  entity to which the clerk is required to mail a copy of the order
  under this section; and
               (2)  any other information required under Section
  411.042(b)(6), Government Code.
         SECTION 2.  Article 5.05, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-2) to
  read as follows:
         (a)  A peace officer who investigates a family violence
  incident or who responds to a disturbance call that may involve
  family violence shall make a written report, including but not
  limited to:
               (1)  the names of the suspect and complainant;
               (2)  the date, time, and location of the incident;
               (3)  any visible or reported injuries; [and]
               (4)  a description of the incident and a statement of
  its disposition; and
               (5)  whether the suspect is a member of the state
  military forces or is serving in the armed forces of the United
  States in an active-duty status.
         (a-2)  If a suspect is identified as being a member of the
  military, as described by Subsection (a)(5), the peace officer
  shall provide written notice of the incident or disturbance call to
  the staff judge advocate at Joint Force Headquarters or the provost
  marshal of the military installation to which the suspect is
  assigned with the intent that the commanding officer will be
  notified, as applicable.
         SECTION 3.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0182 to read as follows:
         Art. 42.0182.  NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED
  BY CLERK OF COURT. (a) This article applies only:
               (1)  to conviction or deferred adjudication granted on
  the basis of:
                     (A)  an offense that constitutes family violence,
  as defined by Section 71.004, Family Code; or
                     (B)  an offense under Title 5, Penal Code; and
               (2)  if the defendant is a member of the state military
  forces or is serving in the armed forces of the United States in an
  active-duty status.
         (b)  As soon as possible after the date on which the
  defendant is convicted or granted deferred adjudication on the
  basis of an offense, the clerk of the court in which the conviction
  or deferred adjudication is entered shall provide written notice of
  the conviction or deferred adjudication to the staff judge advocate
  at Joint Force Headquarters or the provost marshal of the military
  installation to which the defendant is assigned with the intent
  that the commanding officer will be notified, as applicable.
         SECTION 4.  Section 9, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (l) to read as follows:
         (l)  Each presentence investigation shall include
  information regarding whether the defendant is a current or former
  member of the state military forces or whether the defendant is
  currently serving or has previously served in the armed forces of
  the United States in an active-duty status. If the defendant has
  served in an active-duty status, the investigation shall
  additionally determine whether the defendant was deployed to a
  combat zone and whether the defendant may suffer from
  post-traumatic stress disorder or a traumatic brain injury. In
  addition, if available, a copy of the defendant's military
  discharge papers and military records must be included in the
  investigation report provided to the judge under Subsection (a) of
  this section.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2624 was passed by the House on April
  27, 2011, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2624 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor