S.B. No. 357

	AN ACT
	relating to the issuance of protective orders for certain sexual,
	stalking, and trafficking offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 7A, Code of Criminal
	Procedure, is amended to read as follows:
	CHAPTER 7A.  PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF
	[TRAFFICKING OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
	SECTION 2.  Subsection (b), Article 7A.01, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  An application for a protective order under this chapter
	may be filed in:
	(1)  a district court, juvenile court having the
	jurisdiction of a district court, statutory county court, or
	constitutional county court in:
	(A) [(1)]  the county in which the applicant
	resides;
	(B) [or (2)]  the county in which the alleged
	offender resides; or
	(C)  any county in which an element of the alleged
	offense occurred; or
	(2)  any court with jurisdiction over a protective
	order under Title 4, Family Code, involving the same parties named
	in the application.
	SECTION 3.  Article 7A.03, Code of Criminal Procedure, as
	amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the
	82nd Legislature, Regular Session, 2011, is reenacted and amended
	to read as follows:
	Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF 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 sexual assault or abuse,[; or] stalking, or trafficking.
	(b)  If the court makes a finding described by Subsection (a)
	[(a)(1) or (2)], the court shall issue a protective order that
	includes a statement of the required findings.
	SECTION 4.  Subsection (a), Article 7A.05, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  In a protective order issued under this chapter, the
	court may:
	(1)  order the 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 alleged offender from:
	(A)  communicating:
	(i)  directly or indirectly with the
	applicant or any member of the applicant's family or household in a
	threatening or harassing manner; or
	(ii)  in any manner with the applicant or any
	member of the applicant's family or household except through the
	applicant's attorney or a person appointed by the court, if the
	court finds good cause for the prohibition;
	(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.
	SECTION 5.  The change in law made by this Act in amending
	Chapter 7A, Code of Criminal Procedure, applies only to a
	protective order issued on or after the effective date of this Act.
	A protective order issued before the effective date of this Act is
	governed by the law in effect on the date the order is issued, and
	the former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 357 passed the Senate on
	April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendments on May 22, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 357 passed the House, with
	amendments, on May 16, 2013, by the following vote: Yeas 143,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor