SEB S.B. 50 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 50 By: Nelson Juvenile Justice and Family Issues 4/14/1999 Engrossed BACKGROUND AND PURPOSE Currently, a protective order lasts for one year at most and cannot be renewed unless a violation of the order occurs while the order is in effect. S.B. 50 allows a person to apply for renewal of a protective order if the threat of violence persists, extends the maximum period for which a protective order remains effective from one year to five years, and provides for an order to continue one year after an imprisoned person subject to the order is released. 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 Section 82.008(a), Family Code, to provide that an application for a protective order that is filed after the expiration of a previously rendered protective order must include either a description of the violation of the expired order if the application alleges that the respondent violated the expired protective order by committing an act prohibited by that order before the order expired or a description of the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault. Specifies that if a violation of the expired order is alleged, the application must also include a statement that the violation of the expired order has not been grounds for any other order protecting the applicant that has been issued or requested under this subtitle (Protective Orders). Makes conforming changes. SECTION 2. Amends Subchapter A, Chapter 82, Family Code, by adding Section 82.0085, as follows: Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER. (a) Provides that if an application for a protective order alleges that an unexpired protective order applicable to the respondent is due to expire within 30 days after the date the application was filed, then the application for the subsequent protective order must include two items. First, the application must include a copy of the previously rendered protective order attached to the application or, if a copy is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application. Second, the application must include a description of the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault. (b) Establishes that the procedural requirements for an original application for a protective order apply to a protective order requested under this section. SECTION 3. Amends Section 85.025, Family Code, as follows: Sec. 82.025. DURATION OF PROTECTIVE ORDER. (a) Establishes that except as provided by Subsection (b), an order under this subtitle remains effective for the period stated in the order, not to exceed five years, rather than one year, or if the order does not state its period of duration, until the fifth, rather than the first, anniversary of the date the order was issued. (b) Provides that if a person who is the subject of a protective order is confined or imprisoned on the date the protective order would expire under Subsection (a), the period for which the order is effective is extended, and the order expires on the first anniversary of the date the person is released from confinement or imprisonment. SECTION 4. Amends Section 85.026, Family Code, to add a statement that must appear on a protective order or temporary ex parte order issued under this subtitle which states that it is unlawful for any person who is subject to a protective order to possess a firearm or ammunition. Makes conforming and nonsubstantive changes. SECTION 5. Amends Section 87.002, Family Code, to prohibit a protective order from being modified to extend the period of the order's validity beyond the fifth, rather than the first, anniversary of the date the original order was rendered or beyond the date the order expires under Section 85.025(b), whichever date occurs later. SECTION 6. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 7. Emergency clause.