the 82 nd cameth :

The 82nd Cameth:

New Family Violence Legislation and Practical

Implementation

The Docket

TCFV’s Legislative Agenda

A little “Do ya recognize?”

Additional Changes to the CodesQ

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Coalition of Family

Violence Shelter

Programs

WHO ARE WE?Support to Service Providers

PolicyPrevention

The Legislature appropriated level funding of $51.4 million for family violence services over the

biennium.

Full Funding

The Legislature appropriated level funding of $51.4 million for family violence services

over the biennium.

Full Funding

In Rider 56, the Legislature directed CJAD to allocate $1.25 million for Battering Intervention

and Prevention Programs over the biennium.

Full Funding

The Public Policy Committee

Stalking

3.4 millionpeople are stalked annually.30%

of victims are stalked by current or former intimate partners.

81%of stalking victims who were stalked

by intimate partners

reported that they had also been physically assaulted by that partner.

76%of femicide cases involved

at least one episode of stalking within a year

prior to the murder.

66%of stalkers pursue their victim

at least once a week.

Women are at nearly three

times greater risk of being stalked

than men.

SB82 Caption: Relating to the prosecution of the offense of stalking.


Sec. 42.072. STALKING. (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct[, including following the other person,] that:


(1) the actor knows or reasonably believes the other person will regard as threatening:(A) bodily injury or death for the other person;(B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or(C) that an offense will be committed against the other person's property;


(2) causes the other person, [or] a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property; and

(3) would cause a reasonable person to fear:(A) bodily injury or death for himself or herself;(B) bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship; or (C) that an offense will be committed against the person's property.


(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:(1) the laws of another state;(2) the laws of a federally recognized Indian tribe;(3) the laws of a territory of the United States; or(4) federal law.


Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.36 to read as follows:

Art. 13.36. STALKING. The offense of stalking may be prosecuted in any county in which an element of the offense occurred.


Art. 13.36. STALKING. The offense of stalking may be prosecuted in any county in which an element of the offense occurred.


Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING. (a) In a prosecution for stalking, each party may offer testimony as to all relevant facts and circumstances that would aid the trier of fact in determining whether the actor's conduct would cause a reasonable person to experience a fear described by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including the facts and circumstances surrounding any existing or previous relationship between the actor and the alleged victim, a member of the alleged victim's family or household, or an individual with whom the alleged victim has a dating relationship.(b) This article does not permit the presentation of character evidence that would otherwise be inadmissible under the Texas Rules of Evidence or other applicable law.

SB434Caption: Relating to the relationship between domestic violence and child abuse and neglect.

SB434Caption: Relating to the relationship between domestic violence and child abuse and neglect.

Sec. 531.952. ESTABLISHMENT OF TASK FORCE; COMPOSITION. (a) The task force is established to examine the relationship between family violence and child abuse and neglect, develop policy recommendations, if needed, to address issues and effects resulting from that relationship, and develop comprehensive statewide best practices guidelines for both child protective services and family violence shelter centers.

SB736Caption: Relating to membership and duties of local school health advisory councils.

SB736Caption: Relating to membership and duties of local school health advisory councils.

(d) The board of trustees shall appoint at least five members to the local school health advisory council. A majority of the members must be persons who are parents of students enrolled in the district and who are not employed by the district. One of those members shall serve as chair or co-chair of the council. The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection:

(1) public school teachers;(2) public school administrators;(3) district students;(4) health care professionals;(5) the business community;(6) law enforcement;(7) senior citizens;(8) the clergy; [and](9) nonprofit health organizations; and(10) local domestic violence programs.

HB2496 Caption: Relating to creating a teen dating violence court program.


Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM.

(3) "Teen dating violence court program" means a program that includes:(A) a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct;(B) a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system;(C) a court-employed resource coordinator to monitor children's compliance with the 12-week program;(D) one judge who presides over all of the cases in the jurisdiction that qualify for the program; and(E) an attorney in the district attorney's office or the county attorney's office who is assigned to the program.


(b) On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct:(1) that violated a penal law of this state of the grade of misdemeanor; and(2) involving dating violence.


(c) For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault.(d) Before implementation, the teen dating violence court program must be approved by:(1) the court; and(2) the commissioners court of the county.

HB2662 Caption: Relating to child abduction.

HB2662 Caption: Relating to child abduction.

SECTION 1. Article 63.001(3), Code of Criminal Procedure, is amended to read as follows:(3) "Missing child" means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that:(A) the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law;(B) the child voluntarily left the care and control of the [his legal] custodian without the custodian's consent and without intent to return; [or](C) the child was taken or retained in violation of the terms of a court order for possession of or access to the child; or(D) the child was taken or retained without the permission of the custodian and with the effect of depriving the custodian of possession of or access to the child unless the taking or retention of the child was prompted by the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the actor.

SB578 Relating to the testimony of children in criminal cases.


Art. 38.074. TESTIMONY OF CHILD IN PROSECUTION OF OFFENSESec. 1. In this article:(1) "Child" has the meaning assigned by Section 22.011(c), Penal Code.(2) "Support person" means any person whose presence would contribute to the welfare and well-being of a child.Sec. 2. This article applies to the testimony of a child in any hearing or proceeding in the prosecution of any offense, other than the testimony of a child in a hearing or proceeding in a criminal case in which that child is the defendant.


Sec. 3. (a) A court shall:(1) administer an oath to a child in a manner that allows the child to fully understand the child's duty to tell the truth;(2) ensure that questions asked of the child are stated in language appropriate to the child's age; (3) explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand;(4) ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including:(A) limiting the duration of the child's testimony;(B) limiting the timing of the child's testimony to the child's normal school hours; or(C) ordering a recess during the child's testimony when necessary for the energy, comfort, or attention span of the child; and


Sec. 3. (a) A court shall:(1) administer an oath to a child in a manner that allows the child to fully understand the child's duty to tell the truth;(2) ensure that questions asked of the child are stated in language appropriate to the child's age; (3) explain to the child that the child has the right to have the court notified if the child is unable to understand any question and to have a question restated in a form that the child does understand;(4) ensure that a child testifies only at a time of day when the child is best able to understand the questions and to undergo the proceedings without being traumatized, including:(A) limiting the duration of the child's testimony;(B) limiting the timing of the child's testimony to the child's normal school hours; or(C) ordering a recess during the child's testimony when necessary for the energy, comfort, or attention span of the child; and(5) prevent intimidation or harassment of the child by any party and, for that purpose, rephrase as appropriate any question asked of the child.


(b) On the motion of any party, or a parent, managing conservator, guardian, or guardian ad litem of a child or special advocate for a child, the court shall allow the child to have a toy, blanket, or similar comforting item in the child's possession while testifying or allow a support person to be present in close proximity to the child during the child's testimony if the court finds by a preponderance of the evidence that:(1) the child cannot reliably testify without the possession of the item or presence of the support person, as applicable; and(2) granting the motion is not likely to prejudice the trier of fact in evaluating the child's testimony.(c) A support person who is present during a child's testimony may not:(1) obscure the child from the view of the defendant or the trier of fact;(2) provide the child with an answer to any question asked of the child; or(3) assist or influence the testimony of the child.(d) The court may set any other conditions and limitations on the taking of the testimony of a child that it finds just and appropriate, considering the interests of the child, the rights of the defendant, and any other relevant factors.

The House

HB649Caption: Relating to the issuance and duration of certain protective orders for victims of sexual assault.


Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. (a) At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of a sexual assault [and:[(1) is younger than 18 years of age; or[(2) regardless of age, is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender].(b) If the court finds reasonable grounds to believe that the applicant is the victim of a sexual assault [and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender], the court shall issue a protective order that includes a statement of the required findings.


Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim [as provided by Subsection (b),] 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 protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim only if the court finds reasonable cause to believe that the victim is the subject of a threat that reasonably places the victim in fear of further harm from the alleged offender.

HB848 Caption: Relating to an agreement authorizing certain persons to make decisions regarding a child during an investigation of child abuse or neglect.


Sec. 34.001. APPLICABILITY. This chapter applies only to:(1) an authorization agreement between a parent of a child and a person who is the child's:(A) [(1)] grandparent;(B) [(2)] adult sibling; or(C) [(3)] adult aunt or uncle; and(2) an authorization agreement between a parent of a child and the person with whom the child is placed under a parental child safety placement agreement.


Sec. 34.0021. AUTHORIZATION AGREEMENT BY PARENT IN CHILD PROTECTIVE SERVICES CASE. A parent may enter into an authorization agreement with a relative or other person with whom a child is placed under a parental child safety placement agreement approved by the Department of Family and Protective Services to allow the person to perform the acts described by Section 34.002(a) with regard to the child:(1) during an investigation of abuse or neglect; or(2) while the department is providing services to the parent.

HB905 Relating to the admissibility of certain hearsay statements of a child in hearings on an application for a protective order.

HB905 Relating to the admissibility of certain hearsay statements of a child in hearings on an application for a protective order.

SECTION 1. Chapter 84, Family Code, is amended by adding Section 84.006 to read as follows:Sec. 84.006. HEARSAY STATEMENT OF CHILD VICTIM OF FAMILY VIOLENCE. In a hearing on an application for a protective order, a statement made by a child 12 years of age or younger that describes alleged family violence against the child is admissible as evidence in the same manner that a child's statement regarding alleged abuse against the child is admissible under Section 104.006 in a suit affecting the parent-child relationship.

HB2624 Caption: Relating to procedures applicable in circumstances involving family violence or other criminal conduct and military personnel.

HB2624SECTION 1. Section 85.042, Family Code, is amended by adding Subsection (a-1) and amending Subsections (c) and (d) to read as follows:(a-1) This subsection applies only if the respondent, at the time of issuance of an original or modified protective order under this subtitle, is a member of the state military forces or is serving in the armed forces of the United States in an active-duty status. In addition to complying with Subsection (a), the clerk of the court shall also provide a copy of the protective order and the information described by that subsection to the staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which the respondent is assigned with the intent that the commanding officer will be notified, as applicable.

Caption: Relating to procedures applicable in circumstances involving family violence or other criminal conduct and military personnel.

HB2624Caption: Relating to certain temporary orders in a suit affecting the parent-child relationship during a parent's military deployment.

SECTION 2. Article 5.05, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (a-2) to read as follows:(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, including but not limited to:

(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.

(a-2) 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.

HB2624Caption: Relating to certain temporary orders in a suit affecting the parent-child relationship during a parent's military deployment.

Art. 42.0182. NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED BY CLERK OF COURT. (a) This article applies only:(1) to conviction or deferred adjudication granted on the basis of:(A) an offense that constitutes family violence, as defined by Section 71.004, Family Code; or(B) an offense under Title 5, Penal Code; and(2) if the defendant 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) As soon as possible after the date on which the defendant is convicted or granted deferred adjudication on the basis of an offense, the clerk of the court in which the conviction or deferred adjudication is entered shall provide written notice of the conviction or deferred adjudication to the staff judge advocate at Joint Force Headquarters or the provost marshal of the military installation to which the defendant is assigned with the intent that the commanding officer will be notified, as applicable.

SECTION 4. Section 9, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (l) to read as follows:(l) Each presentence investigation shall include information regarding whether the defendant is a current or former member of the state military forces or whether the defendant is currently serving or has previously served in the armed forces of the United States in an active-duty status. If the defendant has served in an active-duty status, the investigation shall additionally determine whether the defendant was deployed to a combat zone and whether the defendant may suffer from post-traumatic stress disorder or a traumatic brain injury. In addition, if available, a copy of the defendant's military discharge papers and military records must be included in the investigation report provided to the judge under Subsection (a) of this section.

The Senate

SB116 Caption: Relating to protective orders against dating violence.


SECTION 2. Subsection (a), Section 71.0021, Family Code, is amended to read as follows:(a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor [individual] that:(1) is committed against a victim:(A) [another individual] with whom the actor [that person] has or has had a dating relationship; or(B) because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and(2) [that] is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim [individual] in fear of imminent physical harm, bodily injury, assault, or sexual assault[, but does not include defensive measures to protect oneself].


SECTION 3. Subsection (b), Section 82.002, Family Code, is amended to read as follows:(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by:(1) an adult member of the dating relationship; or(2) an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B).

SB279 Caption: Relating to inclusion of pets and other companion animals in protective orders; providing a penalty.


Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. In a protective order, the court may:(1) prohibit a party from:

(C) removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession of a person named in the order;


SECTION 2. Subsection (b), Section 85.022, Family Code, is amended to read as follows:(b) In a protective order, the court may prohibit the person found to have committed family violence from:

(7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by a person protected by an order or by a member of the family or household of a person protected by an order.

SB789 Caption: Relating to the duration of a protective order against family violence.


Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as otherwise provided by this section [Subsection (b) or (c)], an order under this subtitle is effective:

(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) caused serious bodily injury to the applicant or a member of the applicant's family or household; or(2) 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.


(b) A person who is the subject of a protective order may file a motion not earlier than the first anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order. A person who is the subject of a protective order under Subsection (a-1) that is effective for a period that exceeds two years may file a subsequent motion requesting that the court review the protective order and determine whether there is a continuing need for the order not earlier than the first anniversary of the date on which the court rendered an order on a previous motion by the person under this subsection. After a hearing on the motion, if the court does not make a finding that [finds] there is no [a] continuing need for the protective order, the protective order remains in effect until the date the order expires under this section. Evidence of the movant's compliance with the protective order does not by itself support a finding by the court that there is no continuing need for the protective order. If the court finds there is no continuing need for the protective order, the court shall order that the protective order expires on a date set by the court.

SB819 Caption: Relating to family violence and protective orders.


SECTION 1. Chapter 81, Family Code, is amended by adding Section 81.010 to read as follows:Sec. 81.010. COURT ENFORCEMENT. (a) A court of this state with jurisdiction of proceedings arising under this title may enforce a protective order rendered by another court in the same manner that the court that rendered the order could enforce the order, regardless of whether the order is transferred under Subchapter D, Chapter 85.(b) A court's authority under this section includes the authority to enforce a protective order through contempt.(c) A motion for enforcement of a protective order rendered under this title may be filed in:(1) any court in the county in which the order was rendered with jurisdiction of proceedings arising under this title;(2) a county in which the movant or respondent resides; or(3) a county in which an alleged violation of the order occurs.


(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by a [an adult] member of the dating relationship, regardless of whether the member is an adult or a child.

Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. (a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must:

(b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter.


(c) The court may recess the hearing on a temporary ex parte order to contact the respondent by telephone and provide the respondent the opportunity to be present when the court resumes the hearing. Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the working day.

Additional Bills of Note

HB1942Relating to bullying in

public schools.

HB2367Relating to the creation of an advisory

panel to study certain parental rights

relating to possession of or access to the

parent's child.

SB1551Relating to missing children and missing persons.

SB2124Relating to victim notification regarding the release of a defendant who was acquitted by reason of insanity in a criminal case.

OTHERS?

Questions?Concerns?

Criticisms

Aaron SetliffDirector of Policy

[email protected]

the 82 nd cameth :

Documents

offense of stalking

ban offense

persons family

person meetings

reasonable person

aa person

stalking victims

episode of stalking