The text as introduced · 1,278 words
89R9076 JSC-F
By: Metcalf
H.B. No. 2596
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain protective orders for certain
burglary offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 7B, Code of
Criminal Procedure, is amended to read as follows:
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
ABUSE, INDECENT ASSAULT, STALKING, [ OR ] TRAFFICKING , OR CERTAIN
BURGLARY OFFENSES
SECTION 2. Articles 7B.001(a) and (a-1), Code of Criminal
Procedure, are amended to read as follows:
(a) The following persons may file an application for a
protective order under this subchapter without regard to the
relationship between the applicant and the alleged offender:
(1) a person who is the victim of an offense under
Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
42.072, or 43.05, Penal Code;
(2) a person who is the victim of an offense under
Section 30.02, Penal Code, if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with intent
to commit an offense listed in Subdivision (1) of this subsection;
(3) any adult, including a parent or guardian, who is
acting on behalf of a victim described by Subdivision (1) or (2) , if
the victim is younger than 18 years of age or an adult ward; or
(4) [ (3) ] a prosecuting attorney acting on behalf of a
person described by Subdivision (1) , [ or ] (2) , or (3) .
(a-1) Except as provided by Subsection (a-2), if an
application has not yet been filed in the case under Subsection (a),
the attorney representing the state shall promptly file an
application for a protective order with respect to each victim of an
offense listed in Subdivision (1) or (2) of that subsection
following the offender's conviction of or placement on deferred
adjudication community supervision for the offense.
SECTION 3. Article 7B.002(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If the court finds from the information contained in an
application for a protective order that there is a clear and present
danger of conduct described by Article 7B.001(a)(1) or (2) [ sexual
assault or abuse, indecent assault, stalking, trafficking, ] or
other harm to the applicant, the court, without further notice to
the alleged offender and without a hearing, may issue a temporary ex
parte order for the protection of the applicant or any other member
of the applicant's family or household.
SECTION 4. Articles 7B.003(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that the applicant
is the victim of an offense listed in Article 7B.001(a)(1) or (2)
[ sexual assault or abuse, indecent assault, stalking, or
trafficking ].
(b) If the court finds that there are reasonable grounds to
believe that the applicant is the victim of an offense listed in
Article 7B.001(a)(1) or (2) [ sexual assault or abuse, stalking, or
trafficking ], the court shall issue a protective order that
includes a statement of the required findings.
(c) An offender's conviction of or placement on deferred
adjudication community supervision for an offense listed in Article
7B.001(a)(1) or (2) constitutes reasonable grounds under
Subsection (a).
SECTION 5. Articles 7B.007(a-1) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a-1) The court shall issue a protective order effective for
the duration of the lives of the offender and victim if the offender
is:
(1) convicted of or placed on deferred adjudication
community supervision for an offense listed in Article 7B.001(a)(1)
or (2) ; and
(2) required under Chapter 62 to register for life as a
sex offender.
(b) The following persons may file at any time an
application with the court to rescind the protective order:
(1) a victim of an offense listed in Article
7B.001(a)(1) or (2) who is 18 years of age or older;
(2) subject to Subsection (b-1), a parent or guardian
acting on behalf of a victim of an offense listed in Article
7B.001(a)(1) or (2) who is younger than 18 years of age or an adult
ward; or
(3) a person not otherwise described by Subdivision
(1) or (2) who filed the application for the protective order.
SECTION 6. The heading to Article 56A.052, Code of Criminal
Procedure, is amended to read as follows:
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN
SEXUAL [ ASSAULT, INDECENT ASSAULT ], STALKING, OR TRAFFICKING
OFFENSES .
SECTION 7. Article 56A.052(d), Code of Criminal Procedure,
is amended to read as follows:
(d) This subsection applies only to a victim of an offense
listed in Article 7B.001(a)(1) or (2) [ under Section 20A.02,
20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05,
Penal Code ]. A victim described by this subsection or a parent or
guardian of the victim, if the victim is younger than 18 years of
age or an adult ward, is entitled to the following rights within the
criminal justice system:
(1) the right to be informed in the manner provided by
Article 56A.0525:
(A) that the victim or, if the victim is younger
than 18 years of age or an adult ward, the victim's parent or
guardian or another adult acting on the victim's behalf may file an
application for a protective order under Article 7B.001;
(B) of the court in which the application for a
protective order may be filed;
(C) that, on request of the victim or, if the
victim is younger than 18 years of age or an adult ward, on request
of the victim's parent or guardian or another adult acting on the
victim's behalf, the attorney representing the state may, subject
to the Texas Disciplinary Rules of Professional Conduct, file the
application for a protective order on behalf of the requestor; and
(D) that, subject to the Texas Disciplinary Rules
of Professional Conduct, the attorney representing the state
generally is required to file the application for a protective
order with respect to the victim if the defendant is convicted of or
placed on deferred adjudication community supervision for the
offense;
(2) the right to:
(A) request that the attorney representing the
state, subject to the Texas Disciplinary Rules of Professional
Conduct, file an application for a protective order described by
Subdivision (1); and
(B) be notified in the manner provided by Article
56A.0525 when the attorney representing the state files an
application for a protective order under Article 7B.001;
(3) if the victim or the victim's parent or guardian,
as applicable, is present when the defendant is convicted or placed
on deferred adjudication community supervision, the right to:
(A) be given by the court the information
described by Subdivision (1), in the manner provided by Article
56A.0525; and
(B) file an application for a protective order
under Article 7B.001 immediately following the defendant's
conviction or placement on deferred adjudication community
supervision if the court has jurisdiction over the application; and
(4) if the victim or the victim's parent or guardian,
as applicable, is not present when the defendant is convicted or
placed on deferred adjudication community supervision, the right to
be given by the attorney representing the state the information
described by Subdivision (1), in the manner provided by Article
56A.0525.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. This Act takes effect September 1, 2025.
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