Bill Text: TX SB325 | 2019-2020 | 86th Legislature | Comm Sub
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Bill Title: Relating to establishing a protective order registry and the duties of court personnel and other persons and entities in regard to the registry.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB325 Detail]
Download: Texas-2019-SB325-Comm_Sub.html
Bill Title: Relating to establishing a protective order registry and the duties of court personnel and other persons and entities in regard to the registry.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2019-05-07 - Effective on 9/1/19 [SB325 Detail]
Download: Texas-2019-SB325-Comm_Sub.html
By: Huffman, et al. | S.B. No. 325 | |
(Landgraf) | ||
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relating to establishing a protective order registry and the duties | ||
of court personnel and other persons and entities in regard to the | ||
registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 72, Government Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. PROTECTIVE ORDER REGISTRY | ||
Sec. 72.151. DEFINITIONS. In this subchapter: | ||
(1) "Authorized user" means a person to whom the | ||
office has given permission and the means to submit records to or | ||
modify or remove records in the registry. The term does not include | ||
members of the public who may only access through the registry's | ||
Internet website certain information regarding protective orders | ||
entered into the registry. | ||
(2) "Peace officer" has the meaning assigned by | ||
Article 2.12, Code of Criminal Procedure. | ||
(3) "Protective order" means an order issued by a | ||
court in this state to prevent family violence, as defined by | ||
Section 71.004, Family Code. The term includes a magistrate's | ||
order for emergency protection issued under Article 17.292, Code of | ||
Criminal Procedure, with respect to a person who is arrested for an | ||
offense involving family violence. | ||
(4) "Protective order registry" or "registry" means | ||
the protective order registry established under Section 72.153. | ||
(5) "Race or ethnicity" means a particular descent, | ||
including Caucasian, African, Hispanic, Asian, or Native American | ||
descent. | ||
Sec. 72.152. APPLICABILITY. This subchapter applies only | ||
to: | ||
(1) an application for a protective order filed under: | ||
(A) Chapter 82, Family Code; or | ||
(B) Article 17.292, Code of Criminal Procedure, | ||
with respect to a person who is arrested for an offense involving | ||
family violence; and | ||
(2) a protective order issued under: | ||
(A) Chapter 83 or 85, Family Code; or | ||
(B) Article 17.292, Code of Criminal Procedure, | ||
with respect to a person who is arrested for an offense involving | ||
family violence. | ||
Sec. 72.153. PROTECTIVE ORDER REGISTRY. (a) In | ||
consultation with the Department of Public Safety and the courts of | ||
this state, the office shall establish and maintain a centralized | ||
Internet-based registry for applications for protective orders | ||
filed in this state and protective orders issued in this state. | ||
(b) The office shall establish and maintain the registry in | ||
a manner that allows municipal and county case management systems | ||
to easily interface with the registry. | ||
Sec. 72.154. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY. | ||
(a) Subject to Subsections (c) and (d) and Section 72.158, the | ||
office shall establish and maintain the registry in a manner that | ||
allows a member of the public, free of charge, to electronically | ||
search for and receive publicly accessible information contained in | ||
the registry regarding each protective order issued in this state. | ||
The registry must be searchable by: | ||
(1) the county of issuance; | ||
(2) the name of a person who is the subject of the | ||
protective order; and | ||
(3) the birth year of a person who is the subject of | ||
the protective order. | ||
(b) Publicly accessible information regarding each | ||
protective order must consist of the following: | ||
(1) the court that issued the protective order; | ||
(2) the case number; | ||
(3) the full name, county of residence, birth year, | ||
and race or ethnicity of the person who is the subject of the | ||
protective order; | ||
(4) the dates the protective order was issued and | ||
served; | ||
(5) the date the protective order was vacated, if | ||
applicable; and | ||
(6) the date the protective order expired or will | ||
expire, as applicable. | ||
(c) A member of the public may only access the information | ||
in the registry described by Subsection (b). | ||
(d) The office may not allow a member of the public to access | ||
through the registry any information related to a protective order | ||
issued under Article 17.292, Code of Criminal Procedure, or Chapter | ||
83, Family Code. | ||
Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER | ||
REGISTRY. (a) The registry must include a copy of each | ||
application for a protective order filed in this state and a copy of | ||
each protective order issued in this state, including a vacated or | ||
expired order. Only an authorized user, the attorney general, a | ||
district attorney, a criminal district attorney, a county attorney, | ||
a municipal attorney, or a peace officer may access that | ||
information under the registry. | ||
(b) The office shall ensure that an authorized user, the | ||
attorney general, a district attorney, a criminal district | ||
attorney, a county attorney, a municipal attorney, or a peace | ||
officer is able to search for and receive a copy of a filed | ||
application for a protective order or a copy of an issued protective | ||
order through the registry's Internet website. | ||
Sec. 72.156. ENTRY OF APPLICATIONS. (a) Except as | ||
provided by Subsection (b), as soon as possible but not later than | ||
24 hours after the time an application for a protective order is | ||
filed, the clerk of the court shall enter a copy of the application | ||
into the registry. | ||
(b) A clerk may delay entering information under Subsection | ||
(a) into the registry only to the extent that the clerk lacks the | ||
specific information required to be entered. | ||
(c) The office shall ensure that a member of the public is | ||
not able to access through the registry's Internet website the | ||
application or any information related to the application entered | ||
into the registry under Subsection (a). | ||
Sec. 72.157. ENTRY OF ORDERS. (a) Except as provided by | ||
Subsection (c), as soon as possible but not later than 24 hours | ||
after the time a court issues an original or modified protective | ||
order or extends the duration of a protective order, the clerk of | ||
the court shall enter into the registry: | ||
(1) a copy of the order and, if applicable, a notation | ||
regarding any modification or extension of the order; and | ||
(2) the information required under Section 72.154(b). | ||
(b) For a protective order that is vacated or that has | ||
expired, the clerk of the applicable court shall modify the record | ||
of the order in the registry to reflect the order's status as | ||
vacated or expired. | ||
(c) A clerk may delay entering information under Subsection | ||
(a) into the registry only to the extent that the clerk lacks the | ||
specific information required to be entered. | ||
Sec. 72.158. REQUEST FOR GRANT OR REMOVAL OF PUBLIC ACCESS. | ||
(a) The office shall ensure that the public may access information | ||
about protective orders, other than information about orders under | ||
Article 17.292, Code of Criminal Procedure, or Chapter 83, Family | ||
Code, through the registry, only if: | ||
(1) a protected person requests that the office grant | ||
the public the ability to access the information described by | ||
Section 72.154(b) for the order protecting the person; and | ||
(2) the office approves the request. | ||
(b) A person whose request under Subsection (a) was approved | ||
by the office may request that the office remove the ability of the | ||
public to access the information that was the subject of the | ||
person's earlier approved request. Not later than the third | ||
business day after the office receives a request under this | ||
subsection, the office shall remove the ability of the public to | ||
access the information. | ||
(c) The Supreme Court of Texas: | ||
(1) shall prescribe a form for use by a person | ||
requesting a grant or removal of public access as described by | ||
Subsections (a) and (b); and | ||
(2) by rule may prescribe procedures for requesting a | ||
grant or removal of public access as described by Subsections (a) | ||
and (b). | ||
SECTION 2. (a) Except as provided by Subsection (b) of | ||
this section, not later than June 1, 2020, the Office of Court | ||
Administration of the Texas Judicial System shall establish the | ||
protective order registry required by Section 72.153, Government | ||
Code, as added by this Act. | ||
(b) The Office of Court Administration of the Texas Judicial | ||
System may delay establishing the protective order registry | ||
described by Subsection (a) of this section for a period not to | ||
exceed 90 days if the delay is authorized by resolution of the Texas | ||
Judicial Council. | ||
(c) Not later than June 1, 2020, the Office of Court | ||
Administration of the Texas Judicial System shall establish and | ||
supervise a training program for magistrates, court personnel, and | ||
peace officers on the use of the protective order registry | ||
described by Subsection (a) of this section. The training program | ||
must make all materials for use in the training program available to | ||
magistrates, court personnel, and peace officers. | ||
SECTION 3. Notwithstanding Section 2 of this Act, the | ||
Office of Court Administration of the Texas Judicial System may not | ||
allow a member of the public to view before September 1, 2020, | ||
publicly accessible information described by Section 72.154(b), | ||
Government Code, as added by this Act, through the Internet website | ||
of the protective order registry established under Subchapter F, | ||
Chapter 72, Government Code, as added by this Act. | ||
SECTION 4. Subchapter F, Chapter 72, Government Code, as | ||
added by this Act, applies only to an application for a protective | ||
order filed or a protective order issued on or after September 1, | ||
2020. | ||
SECTION 5. The Office of Court Administration of the Texas | ||
Judicial System is required to implement a provision of this Act | ||
only if the legislature appropriates money specifically for that | ||
purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the Office of Court Administration | ||
of the Texas Judicial System may, but is not required to, implement | ||
a provision of this Act using other appropriations available for | ||
that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |