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AN ACT
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relating to protective orders against dating violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Kristy Appleby |
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Act. |
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SECTION 2. Subsection (a), Section 71.0021, Family Code, is |
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amended to read as follows: |
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(a) "Dating violence" means an act, other than a defensive |
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measure to protect oneself, by an actor [individual] that: |
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(1) is committed against a victim: |
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(A) [another individual] with whom the actor |
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[that person] has or has had a dating relationship; or |
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(B) because of the victim's marriage to or dating |
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relationship with an individual with whom the actor is or has been |
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in a dating relationship or marriage; and |
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(2) [that] is intended to result in physical harm, |
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bodily injury, assault, or sexual assault or that is a threat that |
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reasonably places the victim [individual] in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault[, but does
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not include defensive measures to protect oneself]. |
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SECTION 3. Subsection (b), Section 82.002, Family Code, is |
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amended to read as follows: |
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(b) With regard to family violence under Section 71.004(3), |
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an application for a protective order to protect the applicant may |
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be filed by: |
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(1) an adult member of the dating relationship; or |
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(2) an adult member of the marriage, if the victim is |
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or was married as described by Section 71.0021(a)(1)(B). |
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SECTION 4. The change in law made by this Act to Sections |
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71.0021 and 82.002, Family Code, applies only to an application for |
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a protective order that is filed on or after the effective date of |
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this Act. An application for a protective order filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the application is filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. 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, 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. 116 passed the Senate on |
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March 21, 2011, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2011, by the |
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following vote: Yeas 30, 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. 116 passed the House, with |
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amendment, on May 19, 2011, by the following vote: Yeas 148, |
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Nays 0, one 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 |