By: Rodríguez	S.B. No. 737
	(In the Senate - Filed February 24, 2015; March 2, 2015,
	read first time and referred to Committee on Criminal Justice;
	April 20, 2015, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 6, Nays 1; April 20, 2015,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 737	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain protective orders and magistrate's orders for
	emergency protection.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 17.292, Code of Criminal Procedure, is
	amended by amending Subsections (a), (c), (g), (h), and (k) and
	adding Subsections (h-1), (i-1), and (k-1) to read as follows:
	(a)  At a defendant's appearance before a magistrate after
	arrest for an offense involving family violence or an offense under
	Section 20A.02, 20A.03, 22.011, 22.021, or 42.072, Penal Code, the
	magistrate may issue an order for emergency protection on the
	magistrate's own motion or on the request of:
	(1)  the victim of the offense;
	(2)  the guardian of the victim;
	(3)  a peace officer; or
	(4)  the attorney representing the state.
	(c) The magistrate in the order for emergency protection may
	prohibit the arrested party from:
	(1)  committing:
	(A)  family violence or an assault on the person
	protected under the order; or
	(B)  an act in furtherance of an offense under
	Section 20A.02 or 42.072, Penal Code;
	(2)  communicating:
	(A)  directly with a member of the family or
	household or with the person protected under the order in a
	threatening or harassing manner; or
	(B)  a threat through any person to a member of the
	family or household or to the person protected under the order;
	(3)  going to or near:
	(A)  the residence, place of employment, or
	business of a member of the family or household or of the person
	protected under the order; or
	(B)  the residence, child care facility, or school
	where a child protected under the order resides or attends; or
	(4)  possessing a firearm, unless the person is a peace
	officer, as defined by Section 1.07, Penal Code, actively engaged
	in employment as a sworn, full-time paid employee of a state agency
	or political subdivision.
	(g)  An order for emergency protection issued under this
	article must contain the following statements printed in bold-face
	type or in capital letters:
	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
	RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
	BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
	APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
	IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
	THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER,
	AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN
	EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR
	POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
	PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
	IMPRISONMENT.
	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
	UNLESS A COURT CHANGES THE ORDER."
	(h)  As soon as possible but not later than the next business
	day after the date the [The] magistrate issues [issuing] an order
	for emergency protection under this article, the magistrate shall
	send a copy of the order to the chief of police in the municipality
	where the member of the family or household or individual protected
	by the order resides, if the person resides in a municipality, or to
	the sheriff of the county where the person resides, if the person
	does not reside in a municipality.  If the victim of the offense is
	not present when the order is issued, the magistrate issuing the
	order shall order an appropriate peace officer to make a good faith
	effort to notify, within 24 hours, the victim that the order has
	been issued by calling the victim's residence and place of
	employment. The clerk of the court shall send a copy of the order to
	the victim at the victim's last known address as soon as possible
	but not later than the next business day after the date the order is
	issued.
	(h-1)  A magistrate or clerk of the court may delay sending a
	copy of the order under Subsection (h) only if the magistrate or
	clerk lacks information necessary to ensure service and
	enforcement.
	(i-1)  The copy of the order and any related information may
	be sent under Subsection (h) or (i) electronically or in another
	manner that can be accessed by the recipient.
	(k)  To ensure that an officer responding to a call is aware
	of the existence and terms of an order for emergency protection
	issued under this article, not later than the third business day
	after the date of receipt of the copy of the order by the applicable
	law enforcement agency with jurisdiction over the municipality or
	county in which the victim resides, the law enforcement agency
	shall enter the information required under Section 411.042(b)(6),
	Government Code, into the statewide law enforcement information
	system maintained by the Department of Public Safety [each
	municipal police department and sheriff shall establish a procedure
	within the department or office to provide adequate information or
	access to information for peace officers of the names of persons
	protected by an order for emergency protection issued under this
	article and of persons to whom the order is directed. The police
	department or sheriff may enter an order for emergency protection
	issued under this article in the department's or office's record of
	outstanding warrants as notice that the order has been issued and is
	in effect].
	(k-1)  A law enforcement agency may delay entering the
	information required under Subsection (k) only if the agency lacks
	information necessary to ensure service and enforcement.
	SECTION 2.  Article 17.292(m), Code of Criminal Procedure,
	is amended by adding Subdivision (3) to read as follows:
	(3)  "Business day" means a day other than a Saturday,
	Sunday, or state or national holiday.
	SECTION 3.  Section 85.042, Family Code, is amended by
	amending Subsections (a) and (d) and adding Subsections (f), (g),
	and (h) to read as follows:
	(a)  Not later than the next business day after the date [The
	clerk of] the court issues [issuing] an original or modified
	protective order under this subtitle, the clerk of the court shall
	send a copy of the order, along with the information provided by the
	applicant or the applicant's attorney that is required under
	Section 411.042(b)(6), Government Code, to:
	(1)  the chief of police of the municipality in which
	the person protected by the order resides, if the person resides in
	a municipality;
	(2)  the appropriate constable and the sheriff of the
	county in which the person resides, if the person does not reside in
	a municipality; and
	(3)  the Title IV-D agency, if the application for the
	protective order indicates that the applicant is receiving services
	from the Title IV-D agency.
	(d)  The applicant or the applicant's attorney shall provide
	to the clerk of the court:
	(1)  the name and address of each law enforcement
	agency, child-care facility, school, and other individual or entity
	to which the clerk is required to send [mail] a copy of the order
	under this section; and
	(2)  any other information required under Section
	411.042(b)(6), Government Code.
	(f)  A clerk of the court may transmit the order and any
	related information electronically or in another manner that can be
	accessed by the recipient.
	(g)  A clerk of the court may delay sending a copy of the
	order under Subsection (a) only if the clerk lacks information
	necessary to ensure service and enforcement.
	(h)  In this section, "business day" means a day other than a
	Saturday, Sunday, or state or national holiday.
	SECTION 4.  Section 86.0011, Family Code, is amended to read
	as follows:
	Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
	ENFORCEMENT INFORMATION SYSTEM. (a)  On receipt of an original or
	modified protective order from the clerk of the issuing court, a law
	enforcement agency shall immediately, but not later than the third
	business [10th] day after the date the order is received, enter the
	information required by Section 411.042(b)(6), Government Code,
	into the statewide law enforcement information system maintained by
	the Department of Public Safety.
	(b)  In this section, "business day" means a day other than a
	Saturday, Sunday, or state or national holiday.
	SECTION 5.  Section 411.042(b), Government Code, is amended
	to read as follows:
	(b)  The bureau of identification and records shall:
	(1)  procure and file for record photographs, pictures,
	descriptions, fingerprints, measurements, and other pertinent
	information of all persons arrested for or charged with a criminal
	offense or convicted of a criminal offense, regardless of whether
	the conviction is probated;
	(2)  collect information concerning the number and
	nature of offenses reported or known to have been committed in the
	state and the legal steps taken in connection with the offenses, and
	other information useful in the study of crime and the
	administration of justice, including information that enables the
	bureau to create a statistical breakdown of:
	(A)  offenses in which family violence was
	involved;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02 and 43.05,
	Penal Code;
	(3)  make ballistic tests of bullets and firearms and
	chemical analyses of bloodstains, cloth, materials, and other
	substances for law enforcement officers of the state;
	(4)  cooperate with identification and crime records
	bureaus in other states and the United States Department of
	Justice;
	(5)  maintain a list of all previous background checks
	for applicants for any position regulated under Chapter 1702,
	Occupations Code, who have undergone a criminal history background
	check under Section 411.119, if the check indicates a Class B
	misdemeanor or equivalent offense or a greater offense;
	(6)  collect information concerning the number and
	nature of protective orders and magistrate's orders of emergency
	protection and all other pertinent information about all persons
	subject to [on] active [protective] orders, including pertinent
	information about persons subject to conditions of bond imposed for
	the protection of the victim in any family violence, sexual assault
	or abuse, or stalking case.  Information in the law enforcement
	information system relating to an active [protective] order shall
	include:
	(A)  the name, sex, race, date of birth, personal
	descriptors, address, and county of residence of the person to whom
	the order is directed;
	(B)  any known identifying number of the person to
	whom the order is directed, including the person's social security
	number or driver's license number;
	(C)  the name and county of residence of the
	person protected by the order;
	(D)  the residence address and place of employment
	or business of the person protected by the order, unless that
	information is excluded from the order under Section 85.007, Family
	Code, or Article 17.292(e), Code of Criminal Procedure;
	(E)  the child-care facility or school where a
	child protected by the order normally resides or which the child
	normally attends, unless that information is excluded from the
	order under Section 85.007, Family Code, or Article 17.292(e), Code
	of Criminal Procedure;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, or stalking
	case; [and]
	(H)  any minimum distance the person subject to
	the order is required to maintain from the protected places or
	persons; and
	(I)  the date the order expires;
	(7)  grant access to criminal history record
	information in the manner authorized under Subchapter F;
	(8)  collect and disseminate information regarding
	offenders with mental impairments in compliance with Chapter 614,
	Health and Safety Code; and
	(9)  record data and maintain a state database for a
	computerized criminal history record system and computerized
	juvenile justice information system that serves:
	(A)  as the record creation point for criminal
	history record information and juvenile justice information
	maintained by the state; and
	(B)  as the control terminal for the entry of
	records, in accordance with federal law and regulations, federal
	executive orders, and federal policy, into the federal database
	maintained by the Federal Bureau of Investigation.
	SECTION 6.  The changes in law made by this Act apply to a
	protective order or magistrate's order of emergency protection
	issued on or after the effective date of this Act, regardless of
	whether the conduct on which the order is based occurred before, on,
	or after that date.
	SECTION 7.  This Act takes effect September 1, 2015.
	* * * * *