Amends TCA Title 16, Chapter 15, Part 9; Title 36 and Title 39, Chapter 13.

This bill permits service of ex parte orders of protection for up to one year from issuance and creates a lifetime order of protection that can be issued to a victim of certain felony offenses to prohibit the offender from coming about or communicating with the victim, as discussed below. SERVICE Under present law, if the respondent has been served with a copy of the petition, notice of hearing, and any ex parte order, then any subsequent order of protection is effective when the order is entered. An order is considered entered when such order is signed by: the judge and all parties or counsel; the judge and one party or counsel and contains a certificate of counsel that a copy of the proposed order has been served on all other parties or counsel; or the judge and contains a certificate of the clerk that a copy has been served on all other parties or counsel. Present law describes the manner in which service is to be made, and provides, generally, that process must be served within 60 days of issuance. This bill adds that, notwithstanding the 60-day requirement, an ex parte order of protection may be served within one year of issuance. LIFETIME ORDER OF PROTECTION Under this bill, a victim of a felony offense of the criminal provisions governing assault, criminal homicide (which includes attempt), kidnapping, or sexual offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense. A petition filed by an unemancipated person under 18 years of age must be signed by one of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition and notice of hearing must also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed on behalf of the unemancipated person by the department or the guardian ad litem. The court must cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent at least five days prior to the hearing. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under 18 years of age, a copy of the petition, and notice of hearing must also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent. At the hearing on the petition, the court will, if the petitioner has proved the respondent was convicted of one of the offenses referenced above and that the petitioner was the victim of the offense, issue a lifetime order of protection that remains in effect until the death of the petitioner or the respondent. If the petitioner has not provided proof that respondent was convicted of such an offense and that the petitioner was the victim of the offense, the court will dismiss the petition. An order of protection granted under this bill will: (1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly; (2) Include a statement of the maximum penalty that may be imposed for violating such order; and (3) Be valid and enforceable in any county of this state. Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing, punish the defendant in accordance with the law. In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of $50.00. The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty, the clerk will send the money to the state treasurer who will deposit it in the domestic violence community education fund. An arrest for violation of a lifetime order of protection issued pursuant to this bill may be with or without warrant. A law enforcement officer will arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and (3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency. ON MARCH 11, 2021, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 621, AS AMENDED. AMENDMENT #1 changes this bill's authorization for the department of children's services or a guardian ad litem to file a petition for an order of protection by deleting language specifying that the petition may be filed "on behalf of the unemancipated person".