HBA-SEB C.S.S.B. 50 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 50 By: Nelson Juvenile Justice and Family Issues 4/28/1999 Committee Report (Substituted) 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. C.S.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 two 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) or (c), an order under this subtitle remains effective for the period stated in the order, not to exceed two years, rather than one year, or if the order does not state its period of duration, until the second, rather than the first, anniversary of the date the order was issued. (b) Authorizes a person who is the subject of a protective order to file a motion before the first anniversary of the issuance of the order requesting that the court review the protective order and determine whether there is a continuing need for the order. Provides that the protective order remains in effect until its expiration date if the court finds that there is a continuing need for the order after a hearing on the motion. Requires the court to order that the order expire on a date set by the court if the court finds that there is no continuing need for the protective order. (c) 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 prominently states in boldfaced type, capital letters, or underlined 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 second, 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 3 by further amending Section 85.025, Family Code, to modify proposed Subsection (a), to add a new Subsection (b), and to redesignate proposed Subsection (b) to Subsection (c), as follows: Proposed Subsection (a) is modified to provide that a protective order remains effective for the period stated in the order, not to exceed two years, rather than five years as stated in the original, or if the order does not state its period of duration, until the second, rather than the fifth, anniversary of the date the order was issued. The substitute also makes a conforming change. Subsection (b), the text of which is added, authorizes a person who is the subject of a protective order to file a motion before the first anniversary of the issuance of the order requesting that the court review the protective order and determine whether there is a continuing need for the order. Subsection (b) provides that the protective order remains in effect until its expiration date if the court finds that there is a continuing need for the order after a hearing on the motion and requires the court to order that the order expire on a date set by the court if the court finds that there is no continuing need for the protective order. The substitute modifies the original in SECTION 4 by further amending Section 85.026, Family Code, to provide that a protective order must contain a specific, prominently displayed statement in boldfaced type, capital letters, or underlined. The original would have required the statement to be in bold-faced type or capital letters. The substitute makes conforming changes. The substitute modifies the original in SECTION 5 by further amending Section 87.002, Family Code, to prohibit a protective order from being modified to extend beyond the second anniversary of the date the original order was issued. The original would have prohibited the order from being extended beyond the fifth anniversary of that date.