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AN ACT
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relating to required findings for the issuance of a protective |
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order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.001, Family Code, is amended to read |
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as follows: |
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Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court |
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shall render a protective order as provided by Section 85.001(b) if |
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the court finds that family violence has occurred [and is likely to |
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occur in the future]. |
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SECTION 2. Section 81.0015, Family Code, is amended to read |
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as follows: |
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Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
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there is a presumption that family violence has occurred [and is |
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likely to occur in the future] if: |
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(1) the respondent has been convicted of or placed on |
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deferred adjudication community supervision for any of the |
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following offenses against the child for whom the petition is |
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filed: |
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(A) an offense under Title 5, Penal Code, for |
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which the court has made an affirmative finding that the offense |
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involved family violence under Article 42.013, Code of Criminal |
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Procedure; or |
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(B) an offense under Title 6, Penal Code; and |
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(2) the respondent's parental rights with respect to |
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the child have been terminated[; and |
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[(3) the respondent is seeking or attempting to seek |
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contact with the child]. |
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SECTION 3. Sections 85.001(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) At the close of a hearing on an application for a |
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protective order, the court shall find whether[: |
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[(1)] family violence has occurred[; and |
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[(2) family violence is likely to occur in the future]. |
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(b) If the court finds that family violence has occurred |
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[and that family violence is likely to occur in the future], the |
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court: |
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(1) shall render a protective order as provided by |
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Section 85.022 applying only to a person found to have committed |
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family violence; and |
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(2) may render a protective order as provided by |
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Section 85.021 applying to both parties that is in the best interest |
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of the person protected by the order or member of the family or |
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household of the person protected by the order. |
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(c) A protective order that requires the first applicant to |
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do or refrain from doing an act under Section 85.022 shall include a |
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finding that the first applicant has committed family violence [and |
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is likely to commit family violence in the future]. |
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SECTION 4. Section 85.002, Family Code, is amended to read |
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as follows: |
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Sec. 85.002. EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE |
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ORDER. If the court finds that a respondent violated a protective |
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order by committing an act prohibited by the order as provided by |
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Section 85.022, that the order was in effect at the time of the |
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violation, and that the order has expired after the date that the |
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violation occurred, the court, without the necessity of making the |
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finding [findings] described by Section 85.001(a), shall render a |
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protective order as provided by Section 85.022 applying only to the |
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respondent and may render a protective order as provided by Section |
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85.021. |
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SECTION 5. Section 85.025(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) The court may render a protective order sufficient to |
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protect the applicant and members of the applicant's family or |
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household that is effective for a period that exceeds two years if |
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the court finds that the person who is the subject of the protective |
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order: |
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(1) committed an act constituting a felony offense |
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involving family violence against the applicant or a member of the |
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applicant's family or household, regardless of whether the person |
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has been charged with or convicted of the offense; |
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(2) caused serious bodily injury to the applicant or a |
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member of the applicant's family or household; or |
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(3) was the subject of two or more previous protective |
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orders rendered: |
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(A) to protect the person on whose behalf the |
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current protective order is sought; and |
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(B) after a finding by the court that the subject |
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of the protective order[: |
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[(i)] has committed family violence[; and |
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[(ii) is likely to commit family violence in |
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the future]. |
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SECTION 6. Article 7B.052, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. The court shall issue a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding that |
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family violence occurred [and is likely to occur in the future] as |
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required by Section 85.001, Family Code, the court finds that: |
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(1) probable cause exists to believe that an offense |
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under Section 42.072, Penal Code, was committed; and |
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(2) the nature of the scheme or course of conduct |
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engaged in by the defendant in committing the offense indicates the |
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defendant is likely in the future to engage in conduct prohibited by |
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Section 42.072(a)(1), (2), or (3), Penal Code. |
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SECTION 7. Article 7B.102, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. The court shall issue a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding that |
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family violence occurred [and is likely to occur in the future] as |
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required by Section 85.001, Family Code, the court finds that: |
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(1) probable cause exists to believe that an offense |
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under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal |
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Code, was committed; |
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(2) the defendant committed the offense because of |
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bias or prejudice; and |
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(3) the nature of the scheme or course of conduct |
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engaged in by the defendant in committing the offense indicates the |
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defendant is likely in the future to: |
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(A) engage in conduct prohibited by Title 5, |
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Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and |
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(B) engage in that conduct described by Paragraph |
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(A) because of bias or prejudice. |
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SECTION 8. The changes in law made by this Act apply only to |
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a protective order rendered on or after the effective date of this |
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Act. A protective order rendered before the effective date of this |
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Act is governed by the law in effect on the date the order was |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |
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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. 1432 was passed by the House on April |
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28, 2023, by the following vote: Yeas 113, Nays 31, 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. 1432 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 30, Nays 1. |
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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 |