By: Gutierrez H.B. No. 82
73R1093 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a stalking offense, conditions of
1-3 probation, parole, or mandatory supervision for defendants
1-4 convicted of stalking, and notice to victims of stalking about
1-5 changes in a defendant's custody status.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 22, Penal Code, is amended by adding
1-8 Section 22.11 to read as follows:
1-9 Sec. 22.11. STALKING. (a) A person commits an offense if
1-10 the person knowingly:
1-11 (1) on more than one occasion follows or harasses
1-12 another person; and
1-13 (2) makes a threat to the person that would cause a
1-14 reasonable person to fear for himself or a member of his family
1-15 bodily injury or death.
1-16 (b) Except as provided by Subsection (c) of this section, an
1-17 offense under this section is a Class A misdemeanor.
1-18 (c) An offense under this section is a felony of the third
1-19 degree if:
1-20 (1) there is a court order in effect prohibiting the
1-21 actor from engaging in conduct described in Subsection (a) of this
1-22 section against the person; or
1-23 (2) it is shown at trial for the offense that within
1-24 the last seven years the actor has been previously convicted under
2-1 this title.
2-2 (d) If conduct constituting an offense under this section
2-3 also constitutes an offense under another section of this code, the
2-4 actor may be prosecuted under either section.
2-5 (e) In this section:
2-6 (1) "Family" has the meaning assigned by Section
2-7 71.01, Family Code.
2-8 (2) "Harass" means to engage in conduct that is not
2-9 legally protected and that is intended to abuse, alarm, annoy, or
2-10 torment a specific person.
2-11 SECTION 2. Section 11, Article 42.12, Code of Criminal
2-12 Procedure, is amended by adding Subsection (l) to read as follows:
2-13 (l) The court shall require as a condition of probation that
2-14 a defendant convicted of a felony under Section 22.11, Penal Code,
2-15 attend psychological counseling sessions the court determines
2-16 appropriate. The court shall determine the period for which the
2-17 defendant must attend the sessions.
2-18 SECTION 3. Section 8, Article 42.18, Code of Criminal
2-19 Procedure, is amended by adding Subsection (o) to read as follows:
2-20 (o) In addition to other conditions imposed by a parole
2-21 panel under this article, the parole panel shall require as a
2-22 condition of parole or release to mandatory supervision that a
2-23 defendant convicted of a felony under Section 22.11, Penal Code,
2-24 attend psychological counseling sessions the parole panel
2-25 determines appropriate. The parole panel shall determine the
2-26 period for which the defendant must attend the sessions.
2-27 SECTION 4. Chapter 56, Code of Criminal Procedure, is
3-1 amended by adding Article 56.11 to read as follows:
3-2 Art. 56.11. NOTIFICATION TO STALKING VICTIM. (a) The
3-3 institutional division of the Texas Department of Criminal Justice
3-4 shall notify the victim of the offense and local law enforcement
3-5 officials in the county where the victim resides whenever a person
3-6 convicted of a felony offense under Section 22.11, Penal Code:
3-7 (1) is released on parole or mandatory supervision;
3-8 (2) completes the person's sentence and is released;
3-9 (3) escapes from a facility operated by the
3-10 institutional division; or
3-11 (4) is transferred to a less restrictive facility.
3-12 (b) If the institutional division notifies a stalking victim
3-13 that the defendant's confinement status has changed under
3-14 Subsection (a)(1) or (2), the notice must include a statement that
3-15 the victim has the right to apply to a court of competent
3-16 jurisdiction for a protective order from conduct by the defendant.
3-17 SECTION 5. This Act takes effect September 1, 1993.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.