HB2596 - Relating to the issuance of certain protective orders for certain burglary offenses.

      H.B. No. 2596         AN ACT   relating to the issuance of certain protective orders for certain   burglary offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter A, Chapter 7B, Code of   Criminal Procedure, is amended to read as follows:   SUBCHAPTER A.  PROTECTIVE ORDER FOR VICTIMS OF CERTAIN SEXUAL   [ ASSAULT OR ABUSE, INDECENT ASSAULT ], STALKING, [ OR ] TRAFFICKING ,   OR BURGLARY OFFENSES          SECTION 2.  Articles 7B.001(a) and (a-1), Code of Criminal   Procedure, are amended to read as follows:          (a)  The following persons may file an application for a   protective order under this subchapter without regard to the   relationship between the applicant and the alleged offender:                (1)  a person who is the victim of an offense under   Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,   42.072, or 43.05, Penal Code;                (2)   a person who is the victim of an offense under   Section 30.02, Penal Code, that is punishable under Subsection   (c)(2) or (d) of that section;                 (3)   any adult, including a parent or guardian, who is   acting on behalf of a victim described by Subdivision (1) or (2) , if   the victim is younger than 18 years of age or an adult ward; or                 (4)  [ (3) ]  a prosecuting attorney acting on behalf of a   person described by Subdivision (1) , [ or ] (2) , or (3) .          (a-1)  Except as provided by Subsection (a-2), if an   application has not yet been filed in the case under Subsection (a),   the attorney representing the state shall promptly file an   application for a protective order with respect to each victim of an   offense listed in Subdivision (1) or (2) of that subsection   following the offender's conviction of or placement on deferred   adjudication community supervision for the offense.          SECTION 3.  Article 7B.002(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If the court finds from the information contained in an   application for a protective order that there is a clear and present   danger of conduct described by Article 7B.001(a)(1) or (2) [ sexual   assault or abuse, indecent assault, stalking, trafficking, ] or   other harm to the applicant, the court, without further notice to   the alleged offender and without a hearing, may issue a temporary ex   parte order for the protection of the applicant or any other member   of the applicant's family or household.          SECTION 4.  Articles 7B.003(a), (b), and (c), Code of   Criminal Procedure, are amended to read as follows:          (a)  At the close of a hearing on an application for a   protective order under this subchapter, the court shall find   whether there are reasonable grounds to believe that the applicant   is the victim of an offense listed in Article 7B.001(a)(1) or (2)   [ sexual assault or abuse, indecent assault, stalking, or   trafficking ].          (b)  If the court finds that there are reasonable grounds to   believe that the applicant is the victim of an offense listed in   Article 7B.001(a)(1) or (2) [ sexual assault or abuse, stalking, or   trafficking ], the court shall issue a protective order that   includes a statement of the required findings.          (c)  An offender's conviction of or placement on deferred   adjudication community supervision for an offense listed in Article   7B.001(a)(1) or (2) constitutes reasonable grounds under   Subsection (a).          SECTION 5.  Articles 7B.007(a-1) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a-1)  The court shall issue a protective order effective for   the duration of the lives of the offender and victim if the offender   is:                (1)  convicted of or placed on deferred adjudication   community supervision for an offense listed in Article 7B.001(a)(1)   or (2) ; and                (2)  required under Chapter 62 to register for life as a   sex offender.          (b)  The following persons may file at any time an   application with the court to rescind the protective order:                (1)  a victim of an offense listed in Article   7B.001(a)(1) or (2) who is 18 years of age or older;                (2)  subject to Subsection (b-1), a parent or guardian   acting on behalf of a victim of an offense listed in Article   7B.001(a)(1) or (2) who is younger than 18 years of age or an adult   ward; or                (3)  a person not otherwise described by Subdivision   (1) or (2) who filed the application for the protective order.          SECTION 6.  The heading to Article 56A.052, Code of Criminal   Procedure, is amended to read as follows:          Art. 56A.052.  ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN   SEXUAL [ ASSAULT, INDECENT ASSAULT ], STALKING, [ OR ] TRAFFICKING , OR   BURGLARY OFFENSES .          SECTION 7.  Article 56A.052(d), Code of Criminal Procedure,   is amended to read as follows:          (d)  This subsection applies only to a victim of an offense   listed in Article 7B.001(a)(1) or (2) [ under Section 20A.02,   20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05,   Penal Code ].  A victim described by this subsection or a parent or   guardian of the victim, if the victim is younger than 18 years of   age or an adult ward, is entitled to the following rights within the   criminal justice system:                (1)  the right to be informed in the manner provided by   Article 56A.0525:                      (A)  that the victim or, if the victim is younger   than 18 years of age or an adult ward, the victim's parent or   guardian or another adult acting on the victim's behalf may file an   application for a protective order under Article 7B.001;                      (B)  of the court in which the application for a   protective order may be filed;                      (C)  that, on request of the victim or, if the   victim is younger than 18 years of age or an adult ward, on request   of the victim's parent or guardian or another adult acting on the   victim's behalf, the attorney representing the state may, subject   to the Texas Disciplinary Rules of Professional Conduct, file the   application for a protective order on behalf of the requestor; and                      (D)  that, subject to the Texas Disciplinary Rules   of Professional Conduct, the attorney representing the state   generally is required to file the application for a protective   order with respect to the victim if the defendant is convicted of or   placed on deferred adjudication community supervision for the   offense;                (2)  the right to:                      (A)  request that the attorney representing the   state, subject to the Texas Disciplinary Rules of Professional   Conduct, file an application for a protective order described by   Subdivision (1); and                      (B)  be notified in the manner provided by Article   56A.0525 when the attorney representing the state files an   application for a protective order under Article 7B.001;                (3)  if the victim or the victim's parent or guardian,   as applicable, is present when the defendant is convicted or placed   on deferred adjudication community supervision, the right to:                      (A)  be given by the court the information   described by Subdivision (1), in the manner provided by Article   56A.0525; and                      (B)  file an application for a protective order   under Article 7B.001 immediately following the defendant's   conviction or placement on deferred adjudication community   supervision if the court has jurisdiction over the application; and                (4)  if the victim or the victim's parent or guardian,   as applicable, is not present when the defendant is convicted or   placed on deferred adjudication community supervision, the right to   be given by the attorney representing the state the information   described by Subdivision (1), in the manner provided by Article   56A.0525.          SECTION 8.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 9.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2596 was passed by the House on April   23, 2025, by the following vote:  Yeas 147, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2596 was passed by the Senate on May   16, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor