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A BILL TO BE ENTITLED
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AN ACT
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relating to the application for and duration of a protective order |
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for victims of certain offenses; enhancing 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 7A.01, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) Except as provided by Subsection (a-2), if an |
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application has not yet been filed in the case under Subsection (a), |
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the attorney representing the state shall promptly file an |
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application for a protective order with respect to each victim of an |
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offense listed in Subdivision (1) or (2) of that subsection |
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following the offender's conviction of or placement on deferred |
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adjudication community supervision for the offense. |
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(a-2) The attorney representing the state may not file an |
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application under Subsection (a-1) with respect to a victim who is |
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at least 18 years of age if the victim requests that the attorney |
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representing the state not file the application. |
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SECTION 2. Article 7A.03, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) An offender's conviction of or placement on deferred |
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adjudication community supervision for an offense listed in Article |
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7A.01(a)(1) or (2) constitutes reasonable grounds under Subsection |
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(a). |
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SECTION 3. Article 7A.07, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The court shall issue a protective order effective for |
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the duration of the lives of the offender and victim if the offender |
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is: |
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(1) convicted of or placed on deferred adjudication |
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community supervision for an offense listed in Article 7A.01(a)(1) |
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or (2); and |
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(2) required under Chapter 62 to register for life as a |
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sex offender. |
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SECTION 4. Section 25.07(g), Penal Code, is amended to read |
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as follows: |
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(g) An offense under this section is a Class A misdemeanor, |
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except the offense is: |
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(1) subject to Subdivision (2), a state jail felony if |
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it is shown at the trial of the offense that the defendant violated |
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an order issued as a result of an application filed under Article |
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7A.01(a-1), Code of Criminal Procedure; or |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant: |
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(A) [(1)] has previously been convicted two or |
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more times of an offense under this section or two or more times of |
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an offense under Section 25.072, or has previously been convicted |
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of an offense under this section and an offense under Section |
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25.072; or |
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(B) [(2)] has violated the order or condition of |
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bond by committing an assault or the offense of stalking. |
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SECTION 5. The changes in law made by this Act to Chapter |
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7A, Code of Criminal Procedure, apply only to a judgment of |
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conviction entered on or after the effective date of this Act or a |
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grant of deferred adjudication community supervision made on or |
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after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |