HBA-NMO H.B. 1077 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1077 By: Solis, Jim Criminal Jurisprudence 3/8/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes a magistrate, at a defendant's appearance after an arrest for an offense involving family violence or stalking, to issue an order for emergency protection. The law does not specify a time frame within which the magistrate must issue the order for emergency protection. H.B. 1077 authorizes a magistrate, upon request of the victim or the guardian of the victim, to issue an order for emergency protection not later than the third day after the date the defendant was arrested and requires the magistrate to decide the request for the protective order by the end of the working day the request is made. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.292, Code of Criminal Procedure, to authorize a magistrate, after a defendant's appearance before a magistrate after arrest for an offense involving family violence or stalking, on request of the victim or guardian of the victim, and upon finding that there is a clear and present danger that family violence or stalking will occur again, to issue an order for emergency protection not later than the third day after the date the defendant was arrested. Authorizes the magistrate, before issuing such an order for emergency protection, to provide the defendant with an opportunity to appear before the magistrate and notify the defendant of the opportunity. Requires the magistrate, without regard to whether the defendant is able to appear before the magistrate, to decide the request for an order for emergency protection before the end of the working day that the request is made. Requires that a defendant be served a copy of the order for emergency protection in open court, if the order is issued at the defendant's appearance before the magistrate; or in the same manner as citation under the Texas Rules of Civil Procedure, except that service by publication is not authorized, if the order is issued after the defendant's appearance before the magistrate. Makes conforming changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.