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Legal Information: Texas

Statutes: Texas

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November 4, 2020

86.001. Adoption of Procedures by Law Enforcement Agency

(a) To ensure that law enforcement officers responding to calls are aware of the existence and terms of protective orders issued under this subtitle, each law enforcement agency shall establish procedures in the agency to provide adequate information or access to information for law enforcement officers of the names of each person protected by an order issued under this subtitle and of each person against whom protective orders are directed.(b) A law enforcement agency may enter a protective order in the agency’s computer records of outstanding warrants as notice that the order has been issued and is currently in effect. On receipt of notification by a clerk of court that the court has vacated or dismissed an order, the law enforcement agency shall remove the order from the agency’s computer record of outstanding warrants.

Comment by TCFV: In 1995, the legislature directed the Department of Public Safety to establish a centralized protective order database that would promote statewide and national enforcement of protective orders granted by Texas courts. The registry is maintained as part of D.P.S.’ Texas Crime Information Center (T.C.I.C.), and is linked with the F.B.I.’s National Crime Information Center. The law enforcement agency with jurisdiction over the protected person is charged with the duty of registering the order with T.C.I.C. See §85.042(a).
Five years after its creation, forty percent of counties in Texas had wholly failed to comply with the registration mandate. Because the original statute did not provide a timeframe for registration, many orders were not entered until weeks or even months after receipt. This 2001 amendment seeks to remedy this situation by setting out law enforcement agency’s duty in a standalone section and by requiring entry “immediately but no later than 10 days following the date the order is received.”