Bill Text: TX HB3824 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to an affirmative finding of family violence entered in the trial of certain offenses and to service of a notice of a temporary ex parte family violence protective order.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-10 - Referred to Criminal Justice [HB3824 Detail]
Download: Texas-2019-HB3824-Engrossed.html
By: Sherman, Sr., et al. | H.B. No. 3824 |
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relating to an affirmative finding of family violence entered in | ||
the trial of certain offenses and to service of a notice of a | ||
temporary ex parte family violence protective order. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.013, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an | ||
offense under Title 5, Penal Code, or Section 25.07, 25.071, | ||
25.072, 25.11, or 42.072, Penal Code, if the court determines that | ||
the offense involved family violence, as defined by Section 71.004, | ||
Family Code, the court shall make an affirmative finding of that | ||
fact and enter the affirmative finding in the judgment of the case. | ||
SECTION 2. Article 42A.504(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) If a judge grants community supervision to a defendant | ||
convicted of an offense [ |
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determines involves family violence, the judge shall require the | ||
defendant to pay $100 to a family violence center that: | ||
(1) receives state or federal funds; and | ||
(2) serves the county in which the court is located. | ||
SECTION 3. Section 81.0015, Family Code, is amended to read | ||
as follows: | ||
Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, | ||
there is a presumption that family violence has occurred and is | ||
likely to occur in the future if: | ||
(1) the respondent has been convicted of or placed on | ||
deferred adjudication community supervision for any of the | ||
following offenses against the child for whom the petition is | ||
filed: | ||
(A) an offense [ |
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which the court has made an affirmative finding that the offense | ||
involved family violence under Article 42.013, Code of Criminal | ||
Procedure; or | ||
(B) an offense under Title 6, Penal Code; | ||
(2) the respondent's parental rights with respect to | ||
the child have been terminated; and | ||
(3) the respondent is seeking or attempting to seek | ||
contact with the child. | ||
SECTION 4. Chapter 83, Family Code, is amended by adding | ||
Section 83.0015 to read as follows: | ||
Sec. 83.0015. SERVICE OF NOTICE OF TEMPORARY EX PARTE | ||
ORDER. Notice of a temporary ex parte order issued under this | ||
chapter must be served personally on the respondent. | ||
SECTION 5. Section 83.0015, Family Code, as added by this | ||
Act, applies only to a temporary ex parte protective order issued | ||
under Chapter 83, Family Code, on or after the effective date of | ||
this Act. A temporary ex parte protective order issued under | ||
Chapter 83, Family Code, before the effective date of this Act is | ||
governed by the law in effect immediately before that date, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 6. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 7. This Act takes effect September 1, 2019. |