HB2496 - Relating to required findings for the issuance of a protective order based on the commission of family violence.

  89R21494 AMF-D     By: Dutton H.B. No. 2496     Substitute the following for H.B. No. 2496:     By:  Hayes C.S.H.B. No. 2496       A BILL TO BE ENTITLED   AN ACT   relating to required findings for the issuance of a protective   order based on the commission of family violence.          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 :                 (1)   family violence has occurred during the two-year   period preceding the filing of the application for the protective   order; or                 (2)     the respondent was imprisoned or confined for an   offense involving family violence and has been released from prison   or jail during the two-year period preceding the filing of the   application for the protective order .          SECTION 2.  Section 81.0015, Family Code, is amended to read   as follows:          Sec. 81.0015.  PRESUMPTION OF OCCURRENCE OF FAMILY VIOLENCE .   For purposes of this subtitle, there is a presumption that family   violence has occurred during the two-year period preceding the   filing of the application for the protective order 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   committed during that period :                      (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 based on acts occurring during that   period .          SECTION 3.  Sections 85.001(a) and (b), 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 during the two-year   period preceding the filing of the application for the protective   order; or                 (2)     the respondent was imprisoned or confined for an   offense involving family violence and has been released from prison   or jail during the two-year period preceding the filing of the   application for the protective order .          (b)  If the court makes an affirmative finding under   Subsection (a) [ finds that family violence has occurred ], 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.          SECTION 4.  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 during the two-year period   preceding the filing of the application for the protective order ,   regardless of whether the person has been charged with or convicted   of the offense;                 (2)     was imprisoned or confined for an offense   described by Subdivision (1) and has been released from prison or   jail during the two-year period preceding the filing of the   application for the protective order;                 (3)  [ (2) ]  caused serious bodily injury to the   applicant or a member of the applicant's family or household; or                 (4)  [ (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 during   the two-year period preceding the filing of the application for the   protective order; or                             (ii)     was imprisoned or confined for an   offense involving family violence and has been released from prison   or jail during the two-year period preceding the filing of the   application for the protective order .          SECTION 5.  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 under   [ 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 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 6.  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 under   [ 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, 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 7.  The changes in law made by this Act apply only to   an application for a protective order filed on or after the   effective date of this Act.  An application for a protective order   filed before the effective date of this Act is governed by the law   in effect on the date the application is filed, and the former law   is continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2025.