By:  Bosse                                             H.B. No. 197
       72S40129 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 is
    1-8  intended to abuse, alarm, annoy, or torment a specific 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 felony of the third degree.
   1-16        (d)  An offense under this section is a felony of the second
   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.