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Relating to protective orders; making conforming changes.
The fiscal implications of the bill cannot be determined because the Department of Public Safety currently does not maintain incarceration information for individuals nor have a method to access that data.
HB 39 would make a number of changes to protective orders. A protective order agreed upon by two parties would be civilly and criminally enforceable whether or not a court finds that family violence has occurred or is likely to occur. It would also require proof of service to be filed with the court before the court can hand down a default order to a respondent who did not attend their hearing. Individuals who are victims of trafficking and compelled prostitution would become eligible to apply for a protective order.
If
enacted, an offender’s conviction would become automatic grounds for a court to
approve an application for a protective order. If the offender has been
convicted and an application has not yet been filed, the prosecuting attorney
would be required to apply for a protective order on behalf of an eligible
victim, unless the victim asks them not to. HB 39 would also require a court to
make a protective order last for the lifetime of the offender and victim if the
order is based on a conviction for various sexual offenses or stalking. The age
of a victim eligible to ask the court to rescind a protective order would be
raised from 17 to 18. The parent of a victim would not be allowed to ask a
court to rescind a protective order if they are the alleged offender.
Since we originally published on this bill when it was in the House, HB 39
was substituted in a Senate committee. The committee substitute adds minor
changes, including procedures for the automatic expiration of protective
orders. These changes do not affect our vote recommendation.
Texas Action supports HB 39 because it would strengthen the
rights of victims of various offenses and bolster overall due process
protections. HB 39 would allow the victim and offender to agree upon an
enforceable protective order without certain requirements from the court. The
requirement that proof of service be filed with the court before a default
order can be handed down offers due process protections to those accused of an
offense.
We do have some reservation about the life-long protective
order required in some instances. This would appear to negate the ability of a
person who was a victim as a child to choose as an adult whether they will
associate with their former abuser. It is not uncommon for people who have been
victims to later in life reach out to their abusers because forgiveness and
closure are important parts of healing from the deep wounds of victimization. A
lifelong protective order may prevent victims from making this choice.