Bill Text: TX HB1292 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the issuance of protective orders for certain sexual, stalking, and trafficking offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB1292 Detail]

Download: Texas-2013-HB1292-Comm_Sub.html
  83R21637 GCB-D
 
  By: Anchia H.B. No. 1292
 
  Substitute the following for H.B. No. 1292:
 
  By:  Herrero C.S.H.B. No. 1292
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of protective orders for certain sexual,
  stalking, and trafficking offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 7A.01(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  An application for a protective order under this chapter
  may be filed in:
               (1)  a district court, juvenile court having the
  jurisdiction of a district court, statutory county court, or
  constitutional county court in:
                     (A) [(1)]  the county in which the applicant
  resides; [or]
                     (B) [(2)]  the county in which the alleged
  offender resides; or
                     (C)  any county in which an element of the alleged
  offense occurred; or
               (2)  any court with jurisdiction over a protective
  order under Title 4, Family Code, involving the same parties named
  in the application.
         SECTION 2.  Article 7A.03, Code of Criminal Procedure, as
  amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the
  82nd Legislature, Regular Session, 2011, is reenacted and amended
  to read as follows:
         Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. (a)  At the close of a hearing on an application for a
  protective order under this chapter, the court shall find whether
  there are reasonable grounds to believe that the applicant is the
  victim of sexual assault or abuse,[; or] stalking, or trafficking.
         (b)  If the court makes a finding described by Subsection (a) 
  [(a)(1) or (2)], the court shall issue a protective order that
  includes a statement of the required findings.
         SECTION 3.  The change in law made by this Act in amending
  Article 7A.03, Code of Criminal Procedure, applies only to a
  protective order issued on or after the effective date of this Act.
  A protective order issued before the effective date of this Act is
  governed by the law in effect on the date the order is issued, and
  the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.
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