S.B. No. 317




AN ACT



relating to the prosecution of the offense of violation
of a protective order or magistrate's order.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


	SECTION 1.  Subsection (a), Section 25.07, Penal Code,
is amended to read as follows:


	(a)  A person commits an offense if, in violation of
an order issued under Section 6.504 or Chapter 85,
Family Code, under  Article 17.292, Code of Criminal
Procedure, or by another jurisdiction as provided by
Chapter 88, Family Code, the person knowingly or intentionally:


		(1)  commits family violence or an act in furtherance
of an offense under Section 42.072;


		(2)  communicates:


			(A)  directly with a protected individual or a member
of the family or household in a threatening or harassing
manner;


			(B)  a threat through any person to a protected individual
or a member of the family or household; or [and]


			(C)  in any manner with the protected individual or
a member of the family or household except through
the person's attorney or a person appointed by the
court, if the order prohibits any communication with
a protected individual or a member of the family or
household;


		(3)  goes to or near any of the following places as
specifically described in the order:


			(A)  the residence or place of employment or business
of a protected individual or a member of the family
or household; or


			(B)  any child care facility, residence, or school where
a child protected by the order normally resides or
attends; or


		(4)  possesses a firearm.


	SECTION 2.  (a)  This Act takes effect September 1,
2003.


	(b)  The change in law made by this Act applies only
to an offense committed on or after the effective date
of this Act.  An offense committed before the effective
date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued
in effect for that purpose.  For purposes of this subsection,
an offense was committed before the effective date
of this Act if any element of the offense was committed
before that date.



______________________________		______________________________




President of the Senate        
    Speaker of the House



	I hereby certify that S.B. No. 317 passed the Senate
on March 20, 2003, by the following vote:  Yeas 31,
Nays 0.




______________________________


    Secretary of the Senate


	I hereby certify that S.B. No. 317 passed the House
on May 10, 2003, by a non-record vote.


______________________________


    Chief Clerk of the House


Approved:


______________________________


             Date


______________________________


           Governor