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AN ACT
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relating to protective orders for stalking victims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 7A, Code of Criminal |
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Procedure, is amended to read as follows: |
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CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT OR |
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STALKING |
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SECTION 2. Subsection (a), Article 7A.01, Code of Criminal |
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Procedure, is 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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21.02, 21.11, 22.011, [or] 22.021, or 42.072, Penal Code, a parent |
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or guardian acting on behalf of a person younger than 17 years of |
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age who is the victim of such an offense, or a prosecuting attorney |
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acting on behalf of the person may file an application for a |
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protective order under this chapter without regard to the |
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relationship between the applicant and the alleged offender. |
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SECTION 3. Article 7A.02, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds |
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from the information contained in an application for a protective |
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order that there is a clear and present danger of [a] sexual |
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assault, stalking, or other harm to the applicant, the court, |
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without further notice to the alleged offender and without a |
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hearing, may enter a temporary ex parte order for the protection of |
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the applicant or any other member of the applicant's family or |
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household. |
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SECTION 4. 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 the |
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victim of: |
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(1) [a] sexual assault and: |
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(A) [(1)] is younger than 18 years of age; or |
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(B) [(2)] regardless of age, is the subject of a |
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threat that reasonably places the applicant in fear of further harm |
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from the alleged offender; or |
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(2) stalking. |
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(b) If the court makes a finding described by Subsection |
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(a)(1) or (2) [finds reasonable grounds to believe that the
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applicant is the victim of a sexual assault and is younger than 18
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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 5. The change in law made by this Act applies only |
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to an application for a protective order that is filed on or after |
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the effective date of this Act. An application for a protective |
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order that is filed before the effective date of this Act is |
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governed by the law in effect on the date the application is filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. 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 hereby certify that S.B. No. 250 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 250 passed the House on |
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May 10, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |