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AN ACT
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relating to the authority of a magistrate to prohibit certain |
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communications in an order for emergency protection; amending |
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provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.292(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The magistrate in the order for emergency protection may |
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prohibit the arrested party from: |
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(1) committing: |
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(A) family violence or an assault on the person |
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protected under the order; or |
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(B) an act in furtherance of an offense under |
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Section 42.072, Penal Code; |
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(2) communicating: |
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(A) directly with a member of the family or |
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household or with the person protected under the order in a |
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threatening or harassing manner; [or] |
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(B) a threat through any person to a member of the |
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family or household or to the person protected under the order; or |
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(C) if the magistrate finds good cause, in any |
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manner with a person protected under the order or a member of the |
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family or household of a person protected under the order, except |
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through the party's attorney or a person appointed by the court; |
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(3) going to or near: |
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(A) the residence, place of employment, or |
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business of a member of the family or household or of the person |
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protected under the order; or |
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(B) the residence, child care facility, or school |
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where a child protected under the order resides or attends; or |
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(4) possessing a firearm, unless the person is a peace |
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officer, as defined by Section 1.07, Penal Code, actively engaged |
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in employment as a sworn, full-time paid employee of a state agency |
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or political subdivision. |
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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, 2015. |
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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. 112 passed the Senate on |
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April 13, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 13, 2015, by the |
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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. 112 passed the House, with |
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amendment, on May 5, 2015, by the following vote: Yeas 146, |
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Nays 0, two 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 |