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AN ACT
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relating to issuance of a magistrate's order for emergency |
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protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.292(d) and (j), Code of Criminal |
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Procedure, are amended to read as follows: |
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(d) The victim of the offense need not be present [in court] |
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when the order for emergency protection is issued. |
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(j) An order for emergency protection issued under this |
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article is effective on issuance, and the defendant shall be served |
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a copy of the order by the magistrate or the magistrate's designee |
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in person or electronically. The magistrate shall make a separate |
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record of the service in written or electronic format [open court]. |
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An order for emergency protection issued under Subsection (a) or |
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(b)(1) of this article remains in effect up to the 61st day but not |
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less than 31 days after the date of issuance. An order for |
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emergency protection issued under Subsection (b)(2) of this article |
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remains in effect up to the 91st day but not less than 61 days after |
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the date of issuance. After notice to each affected party and a |
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hearing, the issuing court may modify all or part of an order issued |
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under this article if the court finds that: |
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(1) the order as originally issued is unworkable; |
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(2) the modification will not place the victim of the |
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offense at greater risk than did the original order; and |
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(3) the modification will not in any way endanger a |
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person protected under the order. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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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. 570 was passed by the House on April |
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19, 2013, by the following vote: Yeas 114, Nays 23, 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. 570 was passed by the Senate on May |
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15, 2013, by the following vote: Yeas 31, Nays 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 |