HB1571 - Relating to access to, disclosure of, and notification of protective order registry information, judicial sanctions regarding improper disclosure of or misleading information, and a study on the registry.

  89R27978 BCH-D     By: Jones of Harris, et al. H.B. No. 1571     Substitute the following for H.B. No. 1571:     By:  Moody C.S.H.B. No. 1571       A BILL TO BE ENTITLED   AN ACT   relating to access to, disclosure of, and notification of   protective order registry information, judicial sanctions   regarding improper disclosure of or misleading information, and a   study on the registry.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as Anthony's Law.          SECTION 2.  Section 6.405, Family Code, is amended to read as   follows:          Sec. 6.405.  PROTECTIVE ORDER AND RELATED ORDERS.  (a)  The   petition and answer in a suit for dissolution of a marriage must   state whether, in regard to a party to the suit or a child of a party   to the suit:                (1)  there is in effect:                      (A)  a protective order under Title 4;                      (B)  a protective order under Subchapter A,   Chapter 7B, Code of Criminal Procedure; or                      (C)  an order for emergency protection under   Article 17.292, Code of Criminal Procedure; or                (2)  an application for an order described by   Subdivision (1) is pending.          (b)  The petitioner or respondent shall attach to the   petition or answer, as applicable:                 (1)     a certification the petitioner or respondent   reviewed the protective order registry maintained under Subchapter   F, Chapter 72, Government Code, and disclosed each order described   by Subsection (a)(1); and                 (2)   a copy of each order described by Subsection   (a)(1) in which a party to the suit or the child of a party to the   suit was the applicant or victim of the conduct alleged in the   application or order and the other party was the respondent or   defendant of an action regarding the conduct alleged in the   application or order without regard to the date of the order.           (c)   If a copy of an [ the ] order required to be attached under   Subsection (b)(2) is not available at the time of filing, the   petition or answer  must state that a copy of the order will be filed   with the court before any hearing.           (d)  A court may impose a sanction against a party who:                   (1)     fails to disclose an order described by Subsection   (a)(1) that is included on the protective order registry maintained   under Subchapter F, Chapter 72, Government Code; or                   (2)     knowingly misleads the court regarding an order or   application described by Subsection (a).          SECTION 3.  Section 72.155, Government Code, is amended to   read as follows:          Sec. 72.155.  RESTRICTED ACCESS TO PROTECTIVE ORDER   REGISTRY.  (a)  The registry must include a copy of each   application for a protective order filed in this state and a copy of   each protective order issued in this state, including an expired   order, or a vacated order other than an order that was vacated as   the result of an appeal or bill of review from a district or county   court.   Subject to Subsection (c), only  [ Only ] an authorized user,   the attorney general, a district attorney, a criminal district   attorney, a county attorney, a municipal attorney, an attorney   representing a party in a civil action, a victim of family violence   or of an offense for which a protective order may be granted under   Chapter 7B, Code of Criminal Procedure, who is representing himself   or herself in a civil action, a magistrate, or a peace officer may   access that information under the registry.          (b)  The office shall ensure that an authorized user, the   attorney general, a district attorney, a criminal district   attorney, a county attorney, a municipal attorney, a victim of   family violence or of an offense for which a protective order may be   granted under Chapter 7B, Code of Criminal Procedure, who is   representing himself or herself in a civil action, a magistrate,   [ or ] a peace officer , or, subject to Subsection (c), an attorney   representing a party in a civil action is able to search for and   receive a copy of a filed application for a protective order or a   copy of an issued protective order through the registry's Internet   website.           (c)     An attorney representing a party in a civil action may   not access:                 (1)     an application for a protective order filed in   this state unless the protective order was granted and is in effect,   has expired, or was vacated by final judgment; or                 (2)     confidential or sealed portions of an application   for a protective order or a protective order, including an address   or the contact information of a protected party.          SECTION 4.  Subchapter F, Chapter 72, Government Code, is   amended by adding Section 72.1555 to read as follows:           Sec.   72.1555.     ACCESS TO AND NOTIFICATION OF CERTAIN   REGISTRY INFORMATION. (a)   The protective order registry must be   configured to provide access to information in the registry to:                 (1)     a court with jurisdiction over a case in which a   person who is subject to a protective order appears related to a   civil violation of the protective order or for any criminal   offense;                 (2)     the attorney general or a district attorney,   criminal district attorney, county attorney, or municipal attorney   who is prosecuting a person who is subject to the protective order;                 (3)     an attorney representing a party in a civil action   or a victim of family violence or of an offense for which a   protective order may be granted under Chapter 7B, Code of Criminal   Procedure, who is representing himself or herself in a civil   action; or                 (4)     a peace officer who is investigating a person who   is subject to the protective order.           (b)     If a person subject to a protective order issued by a   court appears in a court of another county for a civil violation of   the protective order or any criminal offense, the registry must be   configured to provide notice to the court that issued the   protective order of:                 (1)     the time, place, and nature of the person's   violation or offense;                 (2)     the name and location of the court with   jurisdiction over the violation or offense;                 (3)     the name and contact information of the attorney   general or the district attorney, criminal district attorney,   county attorney, or municipal attorney who is prosecuting the   violation or offense; and                 (4)     the name and contact information of any peace   officer whose information is included in the registry as the   investigator for the violation or offense.          SECTION 5.  (a)  In this section, "office" means the Office   of Court Administration of the Texas Judicial System.          (b)  The office shall conduct a study to determine:                (1)  whether the changes in law made by this Act   relating to the protective order registry maintained under   Subchapter F, Chapter 72, Government Code, can be securely   implemented without risking system integrity or unauthorized   access; and                (2)  the feasibility of expanding the protective order   registry maintained under Subchapter F, Chapter 72, Government   Code, to support information sharing between national or other   state databases.          (c)  The office shall prepare a report on the results of the   study conducted under this section, including any recommendations   for legislative action to increase the efficacy of the protective   order registry maintained under Subchapter F, Chapter 72,   Government Code, or the safety of applicants for protective orders   in this state.          (d)  Not later than September 1, 2026, the office shall   submit the report prepared under Subsection (c) of this section to   the governor, lieutenant governor, speaker of the house of   representatives, and appropriate standing committees of the   legislature.          (e)  This section expires January 1, 2027.          SECTION 6.  This Act takes effect September 1, 2025.