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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain persons prohibited by law from |
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owning, possessing, or controlling a firearm to dispose of firearms |
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owned, possessed, or controlled by the person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 68 to read as follows: |
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CHAPTER 68. DISPOSAL OF FIREARM BY CERTAIN PERSONS PROHIBITED BY |
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LAW FROM OWNING, POSSESSING, OR CONTROLLING A FIREARM |
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Art. 68.001. APPLICABILITY. This chapter applies to a |
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person who: |
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(1) is convicted of: |
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(A) an offense involving family violence, as |
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defined by Section 71.004, Family Code; or |
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(B) a felony; |
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(2) is the subject of: |
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(A) a protective order under Chapter 85, Family |
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Code, or Subchapter A, Chapter 7B, of this code; or |
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(B) a magistrate's order for emergency |
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protection under Article 17.292; or |
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(3) is subject to a condition of bond or community |
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supervision prohibiting the person from acquiring, possessing, or |
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controlling a firearm. |
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Art. 68.002. NOTICE AND ORDER TO DISPOSE OF FIREARM. On |
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conviction of a person for an offense described by Article |
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68.001(1), issuance of an order described by Article 68.001(2), or |
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imposition of a condition described by Article 68.001(3), the court |
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shall: |
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(1) provide written notice to the person that the |
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person is prohibited from acquiring, possessing, or controlling a |
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firearm; and |
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(2) order the person to dispose of all firearms the |
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person owns, possesses, or controls not later than the 10th day |
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after: |
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(A) the date the person receives notice under |
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this article; or |
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(B) if the person was taken into custody |
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immediately after conviction, the date the person is released from |
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confinement. |
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Art. 68.003. REQUIRED DOCUMENTATION. A person subject to |
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an order under Article 68.002 shall submit to the court, not later |
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than the date specified by Subdivision (2) of that article, a signed |
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affidavit affirming that the person: |
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(1) has disposed of all firearms the person owns, |
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possesses, or controls; or |
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(2) does not own, possess, or control a firearm. |
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Art. 68.004. FORM OF AFFIDAVIT. The Office of Court |
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Administration of the Texas Judicial System shall adopt a model |
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affidavit for purposes of Article 68.003. |
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SECTION 2. Article 7B.006(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Each protective order issued under this subchapter, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, in capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE |
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OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY |
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CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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SECTION 3. Article 17.292(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) An order for emergency protection issued under this |
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article must contain the following statements printed in bold-face |
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type or in capital letters: |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT |
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RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A |
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VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE |
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FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT |
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LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER |
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THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, |
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ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE |
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OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS |
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ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY |
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CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST |
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DISPOSE OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS |
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PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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SECTION 4. Section 85.026(a), Family Code, is amended to |
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read as follows: |
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(a) Each protective order issued under this subtitle, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE |
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OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY |
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CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM |
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CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE |
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EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST |
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ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR |
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IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: |
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"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR |
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"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT |
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RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A |
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SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON |
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FOR AT LEAST TWO YEARS." |
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SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as |
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added by this Act, applies only to a person who is convicted of an |
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offense described by Article 68.001(1), Code of Criminal Procedure, |
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as added by this Act, on or after January 1, 2024, or who is the |
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subject of an order described by Article 68.001(2), Code of |
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Criminal Procedure, as added by this Act, or who is subject to a |
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condition of bond or community supervision described by Article |
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68.001(3), Code of Criminal Procedure, as added by this Act, that is |
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issued on or after that date. A person who is convicted of an |
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offense before January 1, 2024, who is the subject of an order |
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issued, or who is subject to a condition imposed before that date is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall adopt the model affidavit required by Article 68.004, |
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Code of Criminal Procedure, as added by this Act, not later than |
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December 1, 2023. |
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SECTION 6. The change in law made by this Act relating to |
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the contents of a protective order or a magistrate's order for |
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emergency protection applies to an order issued on or after January |
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1, 2024. An order issued before that date is governed by the law as |
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it existed immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |