Bill Text: TX HB1686 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the application for and duration of a protective order for victims of certain offenses; enhancing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-13 - Referred to Criminal Justice [HB1686 Detail]
Download: Texas-2019-HB1686-Introduced.html
Bill Title: Relating to the application for and duration of a protective order for victims of certain offenses; enhancing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-13 - Referred to Criminal Justice [HB1686 Detail]
Download: Texas-2019-HB1686-Introduced.html
86R9469 JSC-D | ||
By: Smith | H.B. No. 1686 |
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relating to the application for and duration of a protective order | ||
for victims of certain offenses; enhancing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 7A.01, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) If an application has not yet been filed in the case | ||
under Subsection (a), the attorney representing the state shall | ||
promptly file an application for a protective order with respect to | ||
each victim of an offense listed in Subdivision (1) or (2) of that | ||
subsection following the offender's conviction of or placement on | ||
deferred adjudication community supervision for the offense. | ||
SECTION 2. Article 7A.03, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) An offender's conviction of or placement on deferred | ||
adjudication community supervision for an offense listed in Article | ||
7A.01(a)(1) or (2) constitutes reasonable grounds under Subsection | ||
(a). | ||
SECTION 3. Article 7A.07, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) The court shall issue a protective order effective for | ||
the duration of the lives of the offender and victim if the offender | ||
is convicted of or placed on deferred adjudication community | ||
supervision for an offense listed in Article 7A.01(a)(1) or (2). | ||
SECTION 4. Section 25.07(g), Penal Code, is amended to read | ||
as follows: | ||
(g) An offense under this section is a Class A misdemeanor, | ||
except the offense is: | ||
(1) subject to Subdivision (2), a state jail felony if | ||
it is shown at the trial of the offense that the defendant violated | ||
an order issued as a result of an application filed under Article | ||
7A.01(a-1); or | ||
(2) a felony of the third degree if it is shown on the | ||
trial of the offense that the defendant: | ||
(A) [ |
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more times of an offense under this section or two or more times of | ||
an offense under Section 25.072, or has previously been convicted | ||
of an offense under this section and an offense under Section | ||
25.072; or | ||
(B) [ |
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bond by committing an assault or the offense of stalking. | ||
SECTION 5. The changes in law made by this Act to Chapter | ||
7A, Code of Criminal Procedure, apply only to a judgment of | ||
conviction entered on or after the effective date of this Act or a | ||
grant of deferred adjudication community supervision made on or | ||
after the effective date of this Act. | ||
SECTION 6. This Act takes effect September 1, 2019. |