Bill Text: TX HB258 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the duration of a protective order prohibiting an offense motivated by bias or prejudice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-13 - Filed [HB258 Detail]
Download: Texas-2021-HB258-Introduced.html
| 87S10905 AJZ-D | ||
| By: Sherman, Sr. | H.B. No. 258 | |
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| relating to the duration of a protective order prohibiting an | ||
| offense motivated by bias or prejudice. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 7B.103, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 7B.103. ENFORCEMENT. The procedure for the | ||
| enforcement of a protective order under Title 4, Family Code, | ||
| applies to the fullest extent practicable to the enforcement of a | ||
| protective order under this subchapter, including provisions | ||
| relating to findings, contents, [ |
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| enforcement duties, and modification, except that: | ||
| (1) the printed statement on the warning must refer to | ||
| the prosecution of subsequent offenses committed because of bias or | ||
| prejudice; | ||
| (2) a protective order issued under this subchapter | ||
| may be effective: | ||
| (A) for the duration of the lives of the | ||
| defendant and the person for whom the protective order is issued or | ||
| for any shorter period stated in the order; or | ||
| (B) if a period is not stated in the order, until | ||
| the second anniversary of the date the order was issued; | ||
| (3) the court shall require a constable to serve a | ||
| protective order issued under this subchapter; and | ||
| (4) [ |
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| of a protective order issued under this subchapter to the | ||
| Department of Public Safety with a designation indicating that the | ||
| order was issued to prevent offenses committed because of bias or | ||
| prejudice. | ||
| SECTION 2. Subchapter C, Chapter 7B, Code of Criminal | ||
| Procedure, is amended by adding Article 7B.1035 to read as follows: | ||
| Art. 7B.1035. RESCISSION. A person for whom a protective | ||
| order is issued under this subchapter may file at any time an | ||
| application with the court to rescind the protective order. | ||
| SECTION 3. Section 85.025(b-3), Family Code, is amended to | ||
| read as follows: | ||
| (b-3) Subsection (b) does not apply to a protective order | ||
| issued under Subchapter A or C, Chapter 7B, Code of Criminal | ||
| Procedure. | ||
| SECTION 4. Article 7B.103, Code of Criminal Procedure, and | ||
| Section 85.025(b-3), Family Code, as amended by this Act, apply | ||
| only to a protective order for which an application is filed on or | ||
| after the effective date of this Act. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
