2011 Texas Statutes
CODE OF CRIMINAL PROCEDURE
TITLE 1 - CODE OF CRIMINAL PROCEDURE
CHAPTER 7B - PROTECTIVE ORDER FOR VICTIM OF TRAFFICKING OF PERSONS

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 7B. PROTECTIVE ORDER FOR VICTIM OF TRAFFICKING OF PERSONS

Art. 7B.01.  APPLICATION FOR PROTECTIVE ORDER. (a)  A person who is the victim of an offense under Section 20A.02, Penal Code, a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of such an offense, or a prosecuting attorney acting on behalf of the person may file an application for a protective order under this chapter without regard to the relationship between the applicant and the offender or alleged offender.

(b)  An application for a protective order under this chapter may be filed in a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in:

(1)  the county in which the applicant resides;  or

(2)  the county in which the offender or alleged offender resides.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.02.  TEMPORARY EX PARTE ORDER.  If the court finds from the information contained in an application for a protective order that there is a clear and present danger that the alleged offender will traffic the applicant in a manner that constitutes an offense under Section 20A.02, Penal Code, or that the victim will otherwise suffer harm described by that section, the court, without further notice to the offender or alleged offender and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.03.  REQUIRED FINDINGS; ISSUANCE OF TEMPORARY PRETRIAL PROTECTIVE ORDER. (a)  At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of an offense for which the subject of the protective order has been charged under Section 20A.02, Penal Code, and:

(1)  is younger than 18 years of age; or

(2)  regardless of age, is the subject of a threat that reasonably places the  applicant in fear of further harm from the alleged offender.

(b)  If the court finds reasonable grounds to believe that the applicant is the victim of an offense for which the subject of the protective order has been charged under Section 20A.02, Penal Code, and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender, the court shall issue a temporary protective order that includes a statement of the required findings, to be effective until the date the alleged offender is convicted or acquitted, or until the date on which the case involving the offense under Section 20A.02, Penal Code, is finally disposed.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.04.  REQUIRED FINDINGS; ISSUANCE OF POST-TRIAL PROTECTIVE  ORDER. (a)  At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable grounds to believe that the applicant is the victim of an offense for which the subject of the protective order has been convicted under Section 20A.02, Penal Code, and:

(1)  is younger than 18 years of age; or

(2)  regardless of age, is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender.

(b)  If the court finds reasonable grounds to believe that the applicant is the victim of an offense for which the subject of the protective order has been convicted under Section 20A.02, Penal Code, and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the offender, the court shall issue a protective order that includes a statement of the required findings.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.05.  APPLICATION OF OTHER LAW.  To the extent applicable, except as otherwise provided by this chapter, Title 4, Family Code, applies to a protective order issued under this chapter.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.06.  CONDITIONS SPECIFIED BY ORDER. (a)  In a protective order issued under this chapter, the court may:

(1)  order the offender or alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household;  or

(2)  prohibit the offender or alleged offender from:

(A)  communicating directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner;

(B)  going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household;

(C)  engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;  and

(D)  possessing a firearm, unless the alleged offender is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.

(b)  In an order under Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the offender or alleged offender must maintain.  This subsection does not apply to an order with respect to which the court has received a request to maintain confidentiality of information revealing the locations.

(c)  In a protective order, the court may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by the offender or alleged offender.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.07.  WARNING ON PROTECTIVE ORDER. (a)  Each protective order issued under this chapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:

"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."

"IT MAY BE UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."

(b)  Each protective order issued under this chapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined:

"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.

Art. 7B.08.  DURATION OF POST-TRIAL PROTECTIVE ORDER. (a)  A protective order issued under Article 7B.04 may be effective for the duration of the lives of the offender and victim as provided by Subsection (b), or for any shorter period stated in the order.  If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.

(b)  A protective order issued under Article 7B.04 may be effective for the duration of the lives of the offender and victim only if the court finds reasonable cause to believe that the victim is the subject of a threat that reasonably places the victim in fear of further harm from the alleged offender.

(c)  A victim who is 18 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 18 years of age may file at any time an application with the court to rescind the protective order.

(d)  To the extent of any conflict with Section 85.025, Family Code, this article prevails.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1008, Sec. 1, eff. September 1, 2011.