Texas Code of Criminal Procedure - Article 6.08. Protective Order Prohibiting Offense Caused By Bias Or Prejudice

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Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY 
BIAS OR PREJUDICE.  (a) At any proceeding in which the defendant 
appears in constitutional county court, statutory county court, or 
district court that is related to an offense under Title 5, Penal 
Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is 
alleged that the defendant committed the offense because of bias or 
prejudice as described by Article 42.014, a person may request the 
court to render a protective order under Title 4, Family Code, for 
the protection of the person.
	(b)  The court shall render a protective order in the manner 
provided by Title 4, Family Code, if, in lieu of the finding that 
family violence occurred and is likely to occur in the future as 
required by Section 85.001, Family Code, the court finds that 
probable cause exists to believe that an offense under Title 5, 
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, 
occurred, that the defendant committed the offense because of bias 
or prejudice, and that the nature of the scheme or course of conduct 
engaged in by the defendant in the commission of the offense 
indicates that the defendant is likely to engage in the future in 
conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, 
or 28.08, Penal Code, and committed because of bias or prejudice.
	(c)  The procedure for the enforcement of a protective order 
under Title 4, Family Code, applies to the fullest extent 
practicable to the enforcement of a protective order under this 
article, including provisions relating to findings, contents, 
duration, warning, delivery, law enforcement duties, and 
modification, except that:
	(1)  the printed statement on the warning must refer to the 
prosecution of subsequent offenses committed because of bias or 
prejudice;
	(2)  the court shall require a constable to serve a 
protective order issued under this article;  and
	(3)  the clerk of the court shall forward a copy of a 
protective order issued under this article to the Department of 
Public Safety with a designation indicating that the order was 
issued to prevent offenses committed because of bias or prejudice.
	(d)  For an original or modified protective order rendered 
under this article, on receipt of the order from the clerk of the 
court, a law enforcement agency shall immediately, but not later 
than the 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.

Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.01, eff. Sept. 1, 
2001.       

Last modified: August 10, 2007