By: Rodriguez	S.B. No. 737

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain protective orders and magistrate's orders for
	emergency protection.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 17.292, Code of Criminal Procedure, is
	amended by amending Subsections (h) and (k) and adding Subsections
	(h-1) and (k-1) to read as follows:
	(h)  As soon as possible but not later than the next business
	day after the date the [The] magistrate issues [issuing] an order
	for emergency protection under this article, the magistrate shall
	send a copy of the order to the chief of police in the municipality
	where the member of the family or household or individual protected
	by the order resides, if the person resides in a municipality, or to
	the sheriff of the county where the person resides, if the person
	does not reside in a municipality. The magistrate may send the copy
	of the order and any related information electronically or in any
	other manner that can be accessed by the chief of police or sheriff.
	If the victim of the offense is not present when the order is
	issued, the magistrate issuing the order shall order an appropriate
	peace officer to make a good faith effort to notify, within 24
	hours, the victim that the order has been issued by calling the
	victim's residence and place of employment. The clerk of the court
	shall send a copy of the order to the victim at the victim's last
	known address as soon as possible but not later than the next
	business day after the date the order is issued.
	(h-1)  A magistrate or clerk of the court may delay sending
	the order under Subsection (h) only if the magistrate or clerk lacks
	information necessary to ensure service and enforcement.
	(k)  To ensure that an officer responding to a call is aware
	of the existence and terms of an order for emergency protection
	issued under this article, not later than the next business day
	after the date the law enforcement agency with jurisdiction over
	the location of the victim's current or last known address receives
	a copy of the order, the law enforcement agency shall enter the
	information required under Section 411.042(b)(6), Government Code,
	into the statewide law enforcement information system maintained by
	the Department of Public Safety [each municipal police department
	and sheriff shall establish a procedure within the department or
	office to provide adequate information or access to information for
	peace officers of the names of persons protected by an order for
	emergency protection issued under this article and of persons to
	whom the order is directed. The police department or sheriff may
	enter an order for emergency protection issued under this article
	in the department's or office's record of outstanding warrants as
	notice that the order has been issued and is in effect].
	(k-1)  A law enforcement agency may delay entering the
	information required under Subsection (k) only if the agency lacks
	information necessary to ensure service and enforcement.
	SECTION 2.  Article 17.292(m), Code of Criminal Procedure,
	is amended by adding Subdivision (3) to read as follows:
	(3)  "Business day" means a day other than a Saturday,
	Sunday, or state or national holiday.
	SECTION 3.  Section 85.042, Family Code, is amended by
	amending Subsections (a) and (d) and adding Subsections (f) and (g)
	to read as follows:
	(a)  Not later than the next business day after the date [The
	clerk of] the court issues [issuing] an original or modified
	protective order under this subtitle, the clerk of the court shall
	send a copy of the order, along with the information provided by the
	applicant or the applicant's attorney that is required under
	Section 411.042(b)(6), Government Code, to:
	(1)  the chief of police of the municipality in which
	the person protected by the order resides, if the person resides in
	a municipality;
	(2)  the appropriate constable and the sheriff of the
	county in which the person resides, if the person does not reside in
	a municipality; and
	(3)  the Title IV-D agency, if the application for the
	protective order indicates that the applicant is receiving services
	from the Title IV-D agency.
	(d)  The applicant or the applicant's attorney shall provide
	to the clerk of the court:
	(1)  the name and address of each law enforcement
	agency, child-care facility, school, and other individual or entity
	to which the clerk is required to send [mail] a copy of the order
	under this section; and
	(2)  any other information required under Section
	411.042(b)(6), Government Code.
	(f)  The clerk of the court may transmit the order and any
	related information electronically or in another manner that can be
	accessed by the recipient.
	(g)  In this section, "business day" means a day other than a
	Saturday, Sunday, or state or national holiday.
	SECTION 4.  Section 86.0011, Family Code, is amended to read
	as follows:
	Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
	ENFORCEMENT INFORMATION SYSTEM. On receipt of an original or
	modified protective order from the clerk of the issuing court, a law
	enforcement agency shall immediately, but not later than the third
	[10th] day after the date the order is received, enter the
	information required by Section 411.042(b)(6), Government Code,
	into the statewide law enforcement information system maintained by
	the Department of Public Safety.
	SECTION 5.  Section 411.042(b), Government Code, is amended
	to read as follows:
	(b)  The bureau of identification and records shall:
	(1)  procure and file for record photographs, pictures,
	descriptions, fingerprints, measurements, and other pertinent
	information of all persons arrested for or charged with a criminal
	offense or convicted of a criminal offense, regardless of whether
	the conviction is probated;
	(2)  collect information concerning the number and
	nature of offenses reported or known to have been committed in the
	state and the legal steps taken in connection with the offenses, and
	other information useful in the study of crime and the
	administration of justice, including information that enables the
	bureau to create a statistical breakdown of:
	(A)  offenses in which family violence was
	involved;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02 and 43.05,
	Penal Code;
	(3)  make ballistic tests of bullets and firearms and
	chemical analyses of bloodstains, cloth, materials, and other
	substances for law enforcement officers of the state;
	(4)  cooperate with identification and crime records
	bureaus in other states and the United States Department of
	Justice;
	(5)  maintain a list of all previous background checks
	for applicants for any position regulated under Chapter 1702,
	Occupations Code, who have undergone a criminal history background
	check under Section 411.119, if the check indicates a Class B
	misdemeanor or equivalent offense or a greater offense;
	(6)  collect information concerning the number and
	nature of protective orders and magistrate's orders of emergency
	protection and all other pertinent information about all persons on
	active [protective] orders, including pertinent information about
	persons subject to conditions of bond imposed for the protection of
	the victim in any family violence, sexual assault or abuse, or
	stalking case.  Information in the law enforcement information
	system relating to an active [protective] order shall include:
	(A)  the name, sex, race, date of birth, personal
	descriptors, address, and county of residence of the person to whom
	the order is directed;
	(B)  any known identifying number of the person to
	whom the order is directed, including the person's social security
	number or driver's license number;
	(C)  the name and county of residence of the
	person protected by the order;
	(D)  the residence address and place of employment
	or business of the person protected by the order, unless that
	information is excluded from the order under Section 85.007, Family
	Code, or Article 17.292(e), Code of Criminal Procedure;
	(E)  the child-care facility or school where a
	child protected by the order normally resides or which the child
	normally attends, unless that information is excluded from the
	order under Section 85.007, Family Code, or Article 17.292(e), Code
	of Criminal Procedure;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, or stalking
	case; [and]
	(H)  the minimum distance the person subject to
	the order is required to maintain from the protected places or
	persons; and
	(I)  the date the order expires;
	(7)  grant access to criminal history record
	information in the manner authorized under Subchapter F;
	(8)  collect and disseminate information regarding
	offenders with mental impairments in compliance with Chapter 614,
	Health and Safety Code; and
	(9)  record data and maintain a state database for a
	computerized criminal history record system and computerized
	juvenile justice information system that serves:
	(A)  as the record creation point for criminal
	history record information and juvenile justice information
	maintained by the state; and
	(B)  as the control terminal for the entry of
	records, in accordance with federal law and regulations, federal
	executive orders, and federal policy, into the federal database
	maintained by the Federal Bureau of Investigation.
	SECTION 6.  The changes in law made by this Act apply to a
	protective order or magistrate's order of emergency protection
	issued on or after the effective date of this Act, regardless of
	whether the conduct on which the order is based occurred before, on,
	or after that date.
	SECTION 7.  This Act takes effect September 1, 2015.