HB2288 - Relating to required findings for the issuance of a protective order.

  89R27087 AMF-F     By: Dutton H.B. No. 2288     Substitute the following for H.B. No. 2288:     By:  Leach C.S.H.B. No. 2288       A BILL TO BE ENTITLED   AN ACT   relating to required findings for the issuance of a protective   order.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.001, Family Code, is amended to read   as follows:          Sec. 81.001.  ENTITLEMENT TO PROTECTIVE ORDER. A court   shall render a protective order as provided by Section 85.001(b) if   the court finds that family violence has occurred and is likely to   occur in the future .          SECTION 2.  Section 81.0015, Family Code, is amended to read   as follows:          Sec. 81.0015.  PRESUMPTION. For purposes of this subtitle,   there is a presumption that family violence has occurred and is   likely to occur in the future if:                (1)  the respondent has been convicted of or placed on   deferred adjudication community supervision for any of the   following offenses against the child for whom the petition is   filed:                      (A)  an offense under Title 5, Penal Code, for   which the court has made an affirmative finding that the offense   involved family violence under Article 42.013, Code of Criminal   Procedure; or                      (B)  an offense under Title 6, Penal Code; [ and ]                (2)  the respondent's parental rights with respect to   the child have been terminated ; and                 (3)     the respondent is seeking or attempting to seek   contact with the child .          SECTION 3.  Sections 85.001(a), (b), and (c), Family Code,   are amended to read as follows:          (a)  At the close of a hearing on an application for a   protective order, the court shall find whether :                 (1)   family violence has occurred ; and                 (2)  family violence is likely to occur in the future .          (b)  If the court finds that family violence has occurred and   that family violence is likely to occur in the future , the court:                (1)  shall render a protective order as provided by   Section 85.022 applying only to a person found to have committed   family violence; and                (2)  may render a protective order as provided by   Section 85.021 applying to both parties that is in the best interest   of the person protected by the order or member of the family or   household of the person protected by the order.          (c)  A protective order that requires the first applicant to   do or refrain from doing an act under Section 85.022 shall include a   finding that the first applicant has committed family violence and   is likely to commit family violence in the future .          SECTION 4.  Section 85.002, Family Code, is amended to read   as follows:          Sec. 85.002.  EXCEPTION FOR VIOLATION OF EXPIRED PROTECTIVE   ORDER. If the court finds that a respondent violated a protective   order by committing an act prohibited by the order as provided by   Section 85.022, that the order was in effect at the time of the   violation, and that the order has expired after the date that the   violation occurred, the court, without the necessity of making the   findings [ finding ] described by Section 85.001(a), shall render a   protective order as provided by Section 85.022 applying only to the   respondent and may render a protective order as provided by Section   85.021.          SECTION 5.  Section 85.025(a-1), Family Code, is amended to   read as follows:          (a-1)  The court may render a protective order sufficient to   protect the applicant and members of the applicant's family or   household that is effective for a period that exceeds two years if   the court finds that the person who is the subject of the protective   order:                (1)  committed an act constituting a felony offense   involving family violence against the applicant or a member of the   applicant's family or household, regardless of whether the person   has been charged with or convicted of the offense;                (2)  caused serious bodily injury to the applicant or a   member of the applicant's family or household; or                (3)  was the subject of two or more previous protective   orders rendered:                      (A)  to protect the person on whose behalf the   current protective order is sought; and                      (B)  after a finding by the court that the subject   of the protective order :                             (i)   has committed family violence ; and                             (ii)     is likely to commit family violence in   the future .          SECTION 6.  Article 7B.052, Code of Criminal Procedure, is   amended to read as follows:          Art. 7B.052.  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 and is likely to occur in the future as   required by Section 85.001, Family Code, the court finds that:                (1)  probable cause exists to believe that an offense   under Section 42.072, Penal Code, was committed; and                (2)  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 engage in conduct prohibited by   Section 42.072(a)(1), (2), or (3), Penal Code.          SECTION 7.  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 and is likely to occur in the future 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, 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, Penal Code; and                      (B)  engage in that conduct described by Paragraph   (A) because of bias or prejudice.          SECTION 8.  The changes in law made by this Act apply only to   a protective order rendered on or after the effective date of this   Act.  A protective order rendered before the effective date of this   Act is governed by the law in effect on the date the order was   rendered, and the former law is continued in effect for that   purpose.          SECTION 9.  This Act takes effect September 1, 2025.