bill expanding bias-motivated protective orders

The text as introduced · 886 words

89R5327 JSC-D

By: Morales of Harris
H.B. No. 3660

A BILL TO BE ENTITLED

AN ACT

relating to protective orders prohibiting offenses motivated by

bias or prejudice.

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

SECTION 1. Article 7B.101, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may

request the court to issue a protective order under Title 4, Family

Code, for the protection of the person at any proceeding:

(1) in which the defendant appears in constitutional

county court, statutory county court, or district court;

(2) that is related to an offense under Title 5, Penal

Code, or Section 28.02, 28.03, [ or ] 28.08, or 42.0601, Penal Code;

and

(3) in which it is alleged that the defendant

committed the offense because of bias or prejudice as described by

Article 42.014.

SECTION 2. Article 7B.102, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE

ORDER. The court shall issue a protective order in the manner

provided by Title 4, Family Code, if, in lieu of the finding that

family violence occurred as required by Section 85.001, Family

Code, the court finds that:

(1) probable cause exists to believe that an offense

under Title 5, Penal Code, or Section 28.02, 28.03, [ or ] 28.08, or

42.0601, Penal Code, was committed;

(2) the defendant committed the offense because of

bias or prejudice; and

(3) the nature of the scheme or course of conduct

engaged in by the defendant in committing the offense indicates the

defendant is likely in the future to:

(A) engage in conduct prohibited by Title 5,

Penal Code, or Section 28.02, 28.03, [ or ] 28.08, or 42.0601, Penal

Code; and

(B) engage in that conduct described by Paragraph

(A) because of bias or prejudice.

SECTION 3. Subchapter C, Chapter 7B, Code of Criminal

Procedure, is amended by adding Article 7B.1025 to read as follows:

Art. 7B.1025. DURATION OF PROTECTIVE ORDER; RESCISSION.

(a) A protective order issued under Article 7B.102 may be effective

for the duration of the lives of the offender and victim or for any

shorter period stated in the order. If a period is not stated in the

order, the order is effective until the second anniversary of the

date the order was issued.

(b) A person protected by a protective order under this

subchapter may file at any time an application with the court to

rescind the protective order.

(c) To the extent of any conflict with Section 85.025,

Family Code, this article prevails.

SECTION 4. 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, [ duration, ] warning, delivery, law

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) the court shall require a constable to serve a

protective order issued under this subchapter; and

(3) the clerk of the court shall forward a copy 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 5. Section 25.071(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if, in violation of an order

issued under Subchapter C, Chapter 7B, Code of Criminal Procedure,

the person knowingly or intentionally:

(1) commits an offense under Title 5 or Section 28.02,

28.03, [ or ] 28.08 , or 42.0601 and commits the offense because of

bias or prejudice as described by Article 42.014, Code of Criminal

Procedure;

(2) communicates:

(A) directly with a protected individual in a

threatening or harassing manner;

(B) a threat through any person to a protected

individual; or

(C) in any manner with the protected individual,

if the order prohibits any communication with a protected

individual; or

(3) goes to or near the residence or place of

employment or business of a protected individual.

SECTION 6. (a) Except as provided by Subsection (b) of

this section, the changes in law made by this Act apply only to a

protective order issued on or after the effective date of this Act.

A protective order issued before the effective date of this Act 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.

(b) The change in law made by this Act in amending Section

25.071(a), Penal Code, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this subsection, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

SECTION 7. This Act takes effect September 1, 2025.