HB3660 - Relating to protective orders prohibiting offenses motivated by bias or prejudice.

  89R5327 JSC-D     By: Morales of Harris H.B. No. 3660       A BILL TO BE ENTITLED   AN ACT   relating to protective orders prohibiting offenses motivated by   bias or prejudice.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 7B.101, Code of Criminal Procedure, is   amended to read as follows:          Art. 7B.101.  REQUEST FOR PROTECTIVE ORDER. A person may   request the court to issue a protective order under Title 4, Family   Code, for the protection of the person at any proceeding:                (1)  in which the defendant appears in constitutional   county court, statutory county court, or district court;                (2)  that is related to an offense under Title 5, Penal   Code, or Section 28.02, 28.03, [ or ] 28.08, or 42.0601, Penal Code;   and                (3)  in which it is alleged that the defendant   committed the offense because of bias or prejudice as described by   Article 42.014.          SECTION 2.  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 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, or   42.0601, 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, or 42.0601, Penal   Code; and                      (B)  engage in that conduct described by Paragraph   (A) because of bias or prejudice.          SECTION 3.  Subchapter C, Chapter 7B, Code of Criminal   Procedure, is amended by adding Article 7B.1025 to read as follows:           Art.   7B.1025.     DURATION OF PROTECTIVE ORDER; RESCISSION.   (a) A protective order issued under Article 7B.102 may be effective   for the duration of the lives of the offender and victim or for any   shorter period stated in the order. If a period is not stated in the   order, the order is effective until the second anniversary of the   date the order was issued.           (b)     A person protected by a protective order under this   subchapter may file at any time an application with the court to   rescind the protective order.           (c)     To the extent of any conflict with Section 85.025,   Family Code, this article prevails.          SECTION 4.  Article 7B.103, Code of Criminal Procedure, is   amended to read as follows:          Art. 7B.103.  ENFORCEMENT. The procedure for the   enforcement of a protective order under Title 4, Family Code,   applies to the fullest extent practicable to the enforcement of a   protective order under this subchapter, including provisions   relating to findings, contents, [ duration, ] warning, delivery, law   enforcement duties, and modification, except that:                (1)  the printed statement on the warning must refer to   the prosecution of subsequent offenses committed because of bias or   prejudice;                (2)  the court shall require a constable to serve a   protective order issued under this subchapter; and                (3)  the clerk of the court shall forward a copy of a   protective order issued under this subchapter to the Department of   Public Safety with a designation indicating that the order was   issued to prevent offenses committed because of bias or prejudice.          SECTION 5.  Section 25.071(a), Penal Code, is amended to   read as follows:          (a)  A person commits an offense if, in violation of an order   issued under Subchapter C, Chapter 7B, Code of Criminal Procedure,   the person knowingly or intentionally:                (1)  commits an offense under Title 5 or Section 28.02,   28.03, [ or ] 28.08 , or 42.0601 and commits the offense because of   bias or prejudice as described by Article 42.014, Code of Criminal   Procedure;                (2)  communicates:                      (A)  directly with a protected individual in a   threatening or harassing manner;                      (B)  a threat through any person to a protected   individual; or                      (C)  in any manner with the protected individual,   if the order prohibits any communication with a protected   individual; or                (3)  goes to or near the residence or place of   employment or business of a protected individual.          SECTION 6.  (a)  Except as provided by Subsection (b) of   this section, the changes in law made by this Act apply only to a   protective order issued on or after the effective date of this Act.   A protective order issued before the effective date of this Act is   governed by the law in effect on the date the order was issued, and   the former law is continued in effect for that purpose.          (b)  The change in law made by this Act in amending Section   25.071(a), Penal Code, applies only to an offense committed on or   after the effective date of this Act. An offense committed before   the effective date of this Act is governed by the law in effect on   the date the offense was committed, and the former law is continued   in effect for that purpose. For purposes of this subsection, an   offense was committed before the effective date of this Act if any   element of the offense occurred before that date.          SECTION 7.  This Act takes effect September 1, 2025.