Tex. Code Crim. Proc. art. 7B.102 · Subchapter C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY BIAS OR PREJUDICE
REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The court shall issue a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred as required by Section 85.001, Family Code, the court finds that:
(1) probable cause exists to believe that an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, was committed;
(2) the defendant committed the offense because of bias or prejudice; and
(3) the nature of the scheme or course of conduct engaged in by the defendant in committing the offense indicates the defendant is likely in the future to:
(A) engage in conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
(B) engage in that conduct described by Paragraph (A) because of bias or prejudice.
Notes and commentary — not statutory text
History
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 7, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.7B.htm
- Text hash
- sha256 fa95f5bd2cdc62dbad5d64d6b4e8fc21a569fb6d850572b18ab60f06cce4c681
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
Penal Code
- Tex. Penal Code tit. 5OFFENSES AGAINST THE PERSONPrinted as Title 5, Penal Code
- Tex. Penal Code § 28.02ARSON.Printed as Section 28.02, 28.03, or 28.08, Penal Code
- Tex. Penal Code § 28.03CRIMINAL MISCHIEF.Printed as Section 28.02, 28.03, or 28.08, Penal Code
- Tex. Penal Code § 28.08GRAFFITI.Printed as Section 28.02, 28.03, or 28.08, Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.