By: McCall H.B. No. 51
73R1395 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a stalking offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 22, Penal Code, is amended by adding
1-5 Section 22.11 to read as follows:
1-6 Sec. 22.11. STALKING. (a) In this section, "harass" means
1-7 to engage in conduct that is not legally protected and that would
1-8 abuse, alarm, annoy, or torment a reasonable person.
1-9 (b) A person commits an offense if the person intentionally:
1-10 (1) on more than one occasion follows or harasses
1-11 another person; and
1-12 (2) makes a threat with the intent of placing the
1-13 person in fear of death or serious bodily injury.
1-14 (c) Except as provided by Subsection (d) of this section, an
1-15 offense under this section is a Class A misdemeanor.
1-16 (d) An offense under this section is a felony of the third
1-17 degree if:
1-18 (1) there is a court order in effect prohibiting the
1-19 actor from engaging in conduct described in Subsection (b) of this
1-20 section against the person; or
1-21 (2) it is shown at trial for the offense that within
1-22 the last seven years the actor has been previously convicted under
1-23 this title for conduct against the same person.
1-24 (e) If conduct constituting an offense under this section
2-1 also constitutes an offense under another section of this code, the
2-2 actor may be prosecuted under either section.
2-3 SECTION 2. This Act takes effect September 1, 1993.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.