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		By: Hinojosa  | 
        S.B. No. 357 | 
      
      
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               (In the Senate - Filed February 4, 2013; February 11, 2013,  | 
      
      
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        read first time and referred to Committee on Criminal Justice;  | 
      
      
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        April 11, 2013, reported adversely, with favorable Committee  | 
      
      
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        Substitute by the following vote:  Yeas 5, Nays 0; April 11, 2013,  | 
      
      
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        sent to printer.) | 
      
      
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        COMMITTEE SUBSTITUTE FOR S.B. No. 357 | 
        By:  Rodriguez | 
      
    
    
      
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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the issuance of protective orders for certain sexual,  | 
      
      
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        stalking, and trafficking offenses. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subsection (b), Article 7A.01, Code of Criminal  | 
      
      
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        Procedure, is amended to read as follows: | 
      
      
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               (b)  An application for a protective order under this chapter  | 
      
      
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        may be filed in: | 
      
      
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                     (1)  a district court, juvenile court having the  | 
      
      
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        jurisdiction of a district court, statutory county court, or  | 
      
      
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        constitutional county court in: | 
      
      
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                           (A) [(1)]  the county in which the applicant  | 
      
      
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        resides; | 
      
      
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                           (B) [or (2)]  the county in which the alleged  | 
      
      
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        offender resides; or | 
      
      
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                           (C)  any county in which an element of the alleged  | 
      
      
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        offense occurred; or | 
      
      
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                     (2)  any court with jurisdiction over a protective  | 
      
      
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        order previously issued under Title 4, Family Code, with respect to  | 
      
      
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        the same parties named in the application. | 
      
      
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               SECTION 2.  Article 7A.03, Code of Criminal Procedure, as  | 
      
      
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        amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the  | 
      
      
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        82nd Legislature, Regular Session, 2011, is reenacted and amended  | 
      
      
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        to read as follows: | 
      
      
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               Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE  | 
      
      
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        ORDER.  (a)  At the close of a hearing on an application for a  | 
      
      
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        protective order under this chapter, the court shall find whether  | 
      
      
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        there are reasonable grounds to believe that the applicant is the  | 
      
      
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        victim of sexual assault or abuse,[; or] stalking, or trafficking. | 
      
      
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               (b)  If the court makes a finding described by Subsection (a)  | 
      
      
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        [(a)(1) or (2)], the court shall issue a protective order that  | 
      
      
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        includes a statement of the required findings. | 
      
      
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               SECTION 3.  The change in law made by this Act in amending  | 
      
      
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        Article 7A.03, Code of Criminal Procedure, applies only to a  | 
      
      
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        protective order issued on or after the effective date of this Act.   | 
      
      
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        A protective order issued before the effective date of this Act is  | 
      
      
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        governed by the law in effect on the date the order is issued, and  | 
      
      
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        the former law is continued in effect for that purpose. | 
      
      
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               SECTION 4.  This Act takes effect September 1, 2013. | 
      
      
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