bill lengthening emergency protective orders

The text as introduced · 320 words

89R2582 AMF-D

By: Manuel
H.B. No. 1194

A BILL TO BE ENTITLED

AN ACT

relating to the period during which an order for emergency

protection remains in effect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 17.292(j), Code of Criminal Procedure,

is amended to read as follows:

(j) An order for emergency protection issued under this

article is effective on issuance, and the defendant shall be served

a copy of the order by the magistrate or the magistrate's designee

in person or electronically. The magistrate shall make a separate

record of the service in written or electronic format. An order for

emergency protection issued under Subsection (a) or (b)(1) of this

article remains in effect up to the 91st [ 61st ] day but not less

than 61 [ 31 ] days after the date of issuance. An order for

emergency protection issued under Subsection (b)(2) of this article

remains in effect up to the 121st [ 91st ] day but not less than 91

[ 61 ] days after the date of issuance. After notice to each affected

party and a hearing, the issuing court may modify all or part of an

order issued under this article if the court finds that:

(1) the order as originally issued is unworkable;

(2) the modification will not place the victim of the

offense at greater risk than did the original order; and

(3) the modification will not in any way endanger a

person protected under the order.

SECTION 2. The change in law made by this Act applies only

to an order for emergency protection issued on or after the

effective date of this Act. An order issued before that date is

governed by the law in effect on the date the order was issued, and

the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.