HB1610 - Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

      H.B. No. 1610         AN ACT   relating to the nonsubstantive revision of certain provisions of   the Code of Criminal Procedure, including conforming amendments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE   CODE OF CRIMINAL PROCEDURE          SECTION 1.01.  Title 1, Code of Criminal Procedure, is amended by adding Chapters 5A, 9A, 49A, and 50A to read as follows:     TITLE 1. CODE OF CRIMINAL PROCEDURE   CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY   VIOLENCE   Art. 5A.001.  LEGISLATIVE STATEMENT    Art. 5A.002.  DEFINITIONS    Art. 5A.003.  PRIMARY DUTIES OF PEACE OFFICER                  INVESTIGATING FAMILY VIOLENCE    Art. 5A.004.  NO WAIVER OR EXCEPTION CREATED BY FAMILY                  OR HOUSEHOLD RELATIONSHIP    Art. 5A.005.  FOSTER HOME ADDRESS INQUIRY    Art. 5A.006.  REQUIRED NOTICE FOR ADULT VICTIM    Art. 5A.007.  PEACE OFFICER ACCESS TO AND ACCEPTANCE OF                  PROTECTIVE ORDERS    Art. 5A.008.  STANDBY ASSISTANCE; LIABILITY    Art. 5A.009.  REQUIRED REPORTS    Art. 5A.010.  ACCESS TO RECORDS    Art. 5A.011.  PROSECUTOR'S NOTICE OF RESPONSIBILITY FOR                  FILING APPLICATIONS FOR PROTECTIVE                  ORDERS    Art. 5A.012.  PROSECUTOR'S FILING OF PROTECTIVE ORDER:                  PROHIBITED CONSIDERATION; AUTHORITY TO                  REQUIRE INFORMATION    Art. 5A.013.  DELAY OR DISMISSAL OF PROSECUTION BASED                  ON STATUS OF CERTAIN CIVIL PROCEEDINGS                  PROHIBITED    Art. 5A.014.  REFERRAL TO MEDIATION, ARBITRATION,                  DISPUTE RESOLUTION, OR SIMILAR                  PROCEDURE PROHIBITED IN CRIMINAL                  PROSECUTION    TITLE 1. CODE OF CRIMINAL PROCEDURE   CHAPTER 5A. PREVENTING, INVESTIGATING, AND PROSECUTING FAMILY   VIOLENCE          Art. 5A.001.  LEGISLATIVE STATEMENT. (a) Family violence   is a serious danger and threat to society and its members. Victims   of family violence are entitled to the maximum protection as   permitted by law from harm or abuse or the threat of harm or abuse.          (b)  In any law enforcement, prosecutorial, or judicial   response to an allegation of family violence, the responding peace   or judicial officer shall protect the victim without regard to the   relationship between the alleged offender and victim. (Code Crim.   Proc., Art. 5.01.)          Art. 5A.002.  DEFINITIONS. In this chapter, "family,"   "family violence," "household," and "member of a household" have   the meanings assigned by Chapter 71, Family Code. (Code Crim.   Proc., Art. 5.02.)          Art. 5A.003.  PRIMARY DUTIES OF PEACE OFFICER INVESTIGATING   FAMILY VIOLENCE. The primary duties of a peace officer who   investigates a family violence allegation or who responds to a   disturbance call that may involve family violence are to:                (1)  protect any potential victim of family violence;                (2)  enforce the law of this state;                (3)  enforce a protective order from another   jurisdiction as provided by Chapter 88, Family Code; and                (4)  make lawful arrests of violators. (Code Crim.   Proc., Art. 5.04(a).)          Art. 5A.004.  NO WAIVER OR EXCEPTION CREATED BY FAMILY OR   HOUSEHOLD RELATIONSHIP. (a) A general duty prescribed for an   officer by Chapter 2A is not waived or excepted in any family   violence case or investigation because of a family or household   relationship between an alleged violator and a victim of family   violence.          (b)  A peace officer's or magistrate's duty to prevent the   commission of a criminal offense, including an act of family   violence, is not waived or excepted because of a family or household   relationship between a potential violator and victim. (Code Crim.   Proc., Art. 5.03.)          Art. 5A.005.  FOSTER HOME ADDRESS INQUIRY. A peace officer   who investigates a family violence allegation or who responds to a   disturbance call that may involve family violence shall determine   whether the address of a person involved in the allegation or call   matches the address of a licensed foster home or verified agency   foster home listed in the Texas Crime Information Center. (Code   Crim. Proc., Art. 5.04(a-1).)          Art. 5A.006.  REQUIRED NOTICE FOR ADULT VICTIM. (a) A peace   officer who investigates a family violence allegation or who   responds to a disturbance call that may involve family violence   shall advise any possible adult victim of all reasonable means to   prevent further family violence, including by providing the written   notice adopted by the Health and Human Services Commission under   Section 51A.003, Human Resources Code.          (b)  In addition to the required notice under Subsection (a),   a peace officer may provide to the possible victim any available   written information regarding local resources for victims of family   violence. (Code Crim. Proc., Art. 5.04(b).)          Art. 5A.007.  PEACE OFFICER ACCESS TO AND ACCEPTANCE OF   PROTECTIVE ORDERS. (a) To ensure that a peace officer responding   to a disturbance call is aware of the existence and terms of any   protective order, each municipal police department and sheriff   shall establish procedures within the department or sheriff's   office to provide peace officers adequate information or access to   information regarding the names of:                (1)  persons protected by a protective order; and                (2)  persons to whom protective orders are directed.          (b)  Each peace officer shall accept a certified copy of an   original or modified protective order as proof of the validity of   the order, and the order is presumed valid unless:                (1)  the order contains a termination date that has   passed;                (2)  more than one year has elapsed after the date the   order was issued; or                (3)  the peace officer has been notified by the clerk of   the court vacating the order that the order has been vacated. (Code   Crim. Proc., Arts. 5.05(c), (d).)          Art. 5A.008.  STANDBY ASSISTANCE; LIABILITY. (a) In a peace   officer's discretion, the officer may stay with a victim of family   violence to protect the victim and allow the victim to take the   personal property of the victim or of a child in the care of the   victim to a place of safety in an orderly manner.          (b)  A peace officer who provides assistance under   Subsection (a) is not:                (1)  civilly liable for an act or omission of the   officer that arises in connection with providing the assistance or   determining whether to provide the assistance; or                (2)  civilly or criminally liable for the wrongful   appropriation of any personal property by the victim. (Code Crim.   Proc., Art. 5.045.)          Art. 5A.009.  REQUIRED REPORTS. (a) A peace officer who   investigates a family violence incident or who responds to a   disturbance call that may involve family violence shall make a   written report that includes:                (1)  the names of the suspect and complainant;                (2)  the date, time, and location of the incident;                (3)  any visible or reported injuries;                (4)  a description of the incident and a statement of   its disposition; and                (5)  whether the suspect is a member of the state   military forces or is serving in the armed forces of the United   States in an active-duty status.          (b)  If a suspect is identified as being a member of the   military, as described by Subsection (a)(5), the peace officer   shall provide written notice of the incident or disturbance call to   the staff judge advocate at Joint Force Headquarters or the provost   marshal of the military installation to which the suspect is   assigned with the intent that the commanding officer will be   notified, as applicable.          (c)  In addition to the written report required under   Subsection (a), a peace officer who investigates a family violence   incident or who responds to a disturbance call that may involve   family violence shall make a report to the Department of Family and   Protective Services if the location of the incident or call, or the   known address of a person involved in the incident or call, matches   the address of a licensed foster home or a verified agency foster   home as listed in the Texas Crime Information Center. The report   under this subsection may be made orally or electronically and   must:                (1)  include the information required by Subsection   (a); and                (2)  be filed with the Department of Family and   Protective Services within 24 hours of the beginning of the   investigation or receipt of the disturbance call.          (d)  A peace officer who makes a report under Subsection (a)   shall provide information concerning the incident or disturbance to   the bureau of identification and records of the Department of   Public Safety for its recordkeeping function under Section 411.042,   Government Code. The bureau shall prescribe the form and nature of   the information required to be reported to the bureau by this   subsection. (Code Crim. Proc., Arts. 5.05(a), (a-1), (a-2), (e).)          Art. 5A.010.  ACCESS TO RECORDS. (a) Each local law   enforcement agency shall establish a departmental code for   identifying and retrieving a written report made under Article   5A.009(a).          (b)  A district or county attorney with jurisdiction in the   county where the law enforcement agency maintains records under   this article or Article 5A.009(a) is entitled to access to the   records.          (c)  The Department of Family and Protective Services is   entitled to access to the records described by Subsection (b)   relating to any person who is 14 years of age or older and who   resides in a licensed foster home or a verified agency foster home.          (d)  On request of a victim of an incident of family   violence, the local law enforcement agency responsible for   investigating the incident shall provide the victim, at no cost to   the victim, with any information that is:                (1)  described by Article 5A.009(a)(1) or (2); and                (2) &#xA0 [Text truncated for display. 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