By:  Danburg                                           H.B. No. 773
       73R4109 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of harassment, terroristic
    1-3  threat, and stalking, to conditions for release on bond for that
    1-4  offense, and to conditions for probation, parole, or release on
    1-5  mandatory supervision for a person convicted of that offense.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 22.07, Penal Code, is amended to read as
    1-8  follows:
    1-9        Sec. 22.07.  HARASSMENT, TERRORISTIC THREAT, AND STALKING.
   1-10  (a)  In this section:
   1-11              (1)  "Harass" means to engage in activity that is not
   1-12  legally protected and that would abuse, alarm, annoy, or torment a
   1-13  reasonable person.
   1-14              (2)  "Obscene" means containing a patently offensive
   1-15  description of, or a solicitation to commit, an ultimate sex act,
   1-16  including sexual intercourse, masturbation, cunnilingus, fellatio,
   1-17  or anilingus, or a description of an excretory function.
   1-18        (b)  A person commits an offense if the person intentionally
   1-19  harasses another person by:
   1-20              (1)  initiating communication of any kind and in the
   1-21  course of the communication makes a comment, request, suggestion,
   1-22  or proposition that is obscene;
   1-23              (2)  threatening to inflict serious bodily injury on
   1-24  the person, or to commit a felony against the person, a member of
    2-1  the person's family, or the person's property;
    2-2              (3)  conveying a false report, which the actor knows to
    2-3  be false, that another person has suffered death or serious bodily
    2-4  injury;
    2-5              (4)  causing the telephone to ring repeatedly or making
    2-6  repeated telephone communications anonymously;
    2-7              (5)  making a telephone call and intentionally failing
    2-8  to hang up or disengage the connection;
    2-9              (6)  permitting a telephone under the actor's control
   2-10  to be used by another person to commit an offense under this
   2-11  subsection; or
   2-12              (7)  engaging in a pattern of other activity that
   2-13  demonstrates a continuity of purpose to harass that person,
   2-14  including:
   2-15                    (A)  following the person; or
   2-16                    (B)  placing the person under surveillance by
   2-17  remaining present outside the person's home, school, place of
   2-18  employment, motor vehicle, or other place occupied by the person.
   2-19        (c)  A person commits an offense if he threatens to commit
   2-20  any offense involving violence to any person or property with
   2-21  intent to:
   2-22              (1)  cause a reaction of any type to his threat by an
   2-23  official or volunteer agency organized to deal with emergencies;
   2-24              (2)  place any person in fear of imminent serious
   2-25  bodily injury; or
   2-26              (3)  prevent or interrupt the occupation or use of a
   2-27  building; room; place of assembly; place to which the public has
    3-1  access; place of employment or occupation; aircraft, automobile, or
    3-2  other form of conveyance; or other public place; or
    3-3              (4)  cause impairment or interruption of public
    3-4  communications, public transportation, public water, gas, or power
    3-5  supply or other public service.
    3-6        (d)  Except as provided by Subsection (f) of this section, an
    3-7  offense under Subsection (b) of this section is a Class B
    3-8  misdemeanor.
    3-9        (e)  Except as provided by Subsection (f) of this section, an
   3-10  offense under Subsection (c) of this section is a Class A
   3-11  misdemeanor.
   3-12        (f)  An offense under this section is a felony of the third
   3-13  degree if it is shown at the trial of the offense that the actor
   3-14  engaged in a pattern of activity that includes at least one act
   3-15  prohibited under Subsection (b) of this section and at least one
   3-16  act prohibited under Subsection (c) of this section.
   3-17        (g)  If conduct constituting an offense under this section
   3-18  also constitutes an offense under another section of this code, the
   3-19  actor may be prosecuted under either section.
   3-20        <(b)  An offense under Subdivision (1) or (2) of Subsection
   3-21  (a) of this section is a Class B misdemeanor.  An offense under
   3-22  Subdivision (3) of Subsection (a) of this section is a Class A
   3-23  misdemeanor.  An offense under Subdivision (4) of Subsection (a) of
   3-24  this section is a felony of the third degree.>
   3-25        SECTION 2.  Article 14.03(a), Code of Criminal Procedure, is
   3-26  amended to read as follows:
   3-27        (a)  Any peace officer may arrest, without warrant:
    4-1              (1)  persons found in suspicious places and under
    4-2  circumstances which reasonably show that such persons have been
    4-3  guilty of some felony or breach of the peace, or threaten, or are
    4-4  about to commit some offense against the laws;
    4-5              (2)  persons who the peace officer has probable cause
    4-6  to believe have committed an assault resulting in bodily injury to
    4-7  another person and the peace officer has probable cause to believe
    4-8  that there is danger of further bodily injury to that person;
    4-9              (3)  persons who the peace officer has probable cause
   4-10  to believe have committed the offense defined by Section 25.08,
   4-11  Penal Code (violation of Protective Order), if the offense is not
   4-12  committed in the presence of the peace officer; <or>
   4-13              (4)  persons who the peace officer has probable cause
   4-14  to believe have committed an assault resulting in bodily injury to
   4-15  a member of the person's family or household; or
   4-16              (5)  persons who the peace officer has probable cause
   4-17  to believe have committed an offense defined by Section 22.07,
   4-18  Penal Code (Harassment, Terroristic Threat, and Stalking).
   4-19        SECTION 3.  Chapter 17, Code of Criminal Procedure, is
   4-20  amended by adding Article 17.46 to read as follows:
   4-21        Art. 17.46.  CONDITIONS FOR A VICTIM BEING STALKED BY A
   4-22  DEFENDANT.  (a)  A magistrate may require as a condition of bond
   4-23  that a defendant charged with an offense under Section 22.07, Penal
   4-24  Code, may not:
   4-25              (1)  communicate directly or indirectly with the
   4-26  victim; or
   4-27              (2)  go to or near the residence, place of employment,
    5-1  or business of the victim or to or near a school, day-care
    5-2  facility, or similar facility where a dependent child of the victim
    5-3  is in attendance.
    5-4        (b)  If the magistrate requires the prohibition contained in
    5-5  Subsection (a)(2) of this article as a condition of the bond, the
    5-6  magistrate shall specifically describe the prohibited locations and
    5-7  the minimum distances, if any, that the defendant must maintain
    5-8  from the locations.
    5-9        SECTION 4.  Section 11, Article 42.12, Code of Criminal
   5-10  Procedure, is amended by adding Subsection (l) to read as follows:
   5-11        (l)(1)  If the court grants probation to a person convicted
   5-12  of an offense under Section 22.07, Penal Code, the court may
   5-13  require as a condition of probation that the probationer may not:
   5-14                    (A)  communicate directly or indirectly with the
   5-15  victim; or
   5-16                    (B)  go to or near the residence, place of
   5-17  employment, or business of the victim or to or near a school,
   5-18  day-care facility, or similar facility where a dependent child of
   5-19  the victim is in attendance.
   5-20              (2)  If the court requires the prohibition contained in
   5-21  Subdivision (1)(B) of this subsection as a condition of probation,
   5-22  the court shall specifically describe the prohibited locations and
   5-23  the minimum distances, if any, that the probationer must maintain
   5-24  from the locations.
   5-25        SECTION 5.  Section 8, Article 42.18, Code of Criminal
   5-26  Procedure, is amended by adding Subsection (o) to read as follows:
   5-27        (o)(1)  In addition to other conditions imposed by a parole
    6-1  panel under this article, the parole panel may require as a
    6-2  condition of parole or release to mandatory supervision that an
    6-3  inmate serving a sentence for an offense under Section 22.07, Penal
    6-4  Code, may not:
    6-5                    (A)  communicate directly or indirectly with the
    6-6  victim; or
    6-7                    (B)  go to or near the residence, place of
    6-8  employment, or business of the victim or to or near a school,
    6-9  day-care facility, or similar facility where a dependent child of
   6-10  the victim is in attendance.
   6-11              (2)  If a parole panel requires the prohibition
   6-12  contained in Subdivision (1)(B) of this subsection as a condition
   6-13  of parole or release to mandatory supervision, the parole panel
   6-14  shall specifically describe the prohibited locations and the
   6-15  minimum distances, if any, that the inmate must maintain from the
   6-16  locations.
   6-17        SECTION 6.  Chapter 56, Code of Criminal Procedure, is
   6-18  amended by adding Article 56.11 to read as follows:
   6-19        Art. 56.11.  NOTIFICATION TO STALKING VICTIM.  (a)  The
   6-20  institutional division of the Texas Department of Criminal Justice
   6-21  shall notify the victim of the offense and local law enforcement
   6-22  officials in the county where the victim resides whenever a person
   6-23  convicted of a felony offense under Section 22.07, Penal Code:
   6-24              (1)  is released on parole or mandatory supervision;
   6-25              (2)  completes the person's sentence and is released;
   6-26              (3)  escapes from a facility operated by the
   6-27  institutional division; or
    7-1              (4)  is transferred to a less restrictive facility.
    7-2        (b)  If the institutional division notifies a stalking victim
    7-3  that the defendant's confinement status has changed under
    7-4  Subsection (a)(1) or (2) of this article, the notice must include a
    7-5  statement that the victim has the right to apply to a court of
    7-6  competent jurisdiction for a protective order from conduct by the
    7-7  defendant.
    7-8        SECTION 7.  Section 42.07, Penal Code, is repealed.
    7-9        SECTION 8.  (a)  The change in law made by Section 1 of this
   7-10  Act applies only to an offense committed on or after the effective
   7-11  date of this Act.  For purposes of this section, an offense is
   7-12  committed before the effective date of this Act if any element of
   7-13  the offense occurs before that date.
   7-14        (b)  An offense committed before the effective date of this
   7-15  Act is governed by the law in effect when the offense was
   7-16  committed, and the former law is continued in effect for that
   7-17  purpose.
   7-18        SECTION 9.  The repeal by this Act of Section 42.07, Penal
   7-19  Code, does not apply to an offense committed under that section
   7-20  before the effective date of the repeal.  An offense committed
   7-21  before that date is covered by that section as it existed on the
   7-22  date on which the offense was committed, and the former law is
   7-23  continued in effect for that purpose.
   7-24        SECTION 10.  This Act takes effect September 1, 1993.
   7-25        SECTION 11.  The importance of this legislation and the
   7-26  crowded condition of the calendars in both houses create an
   7-27  emergency and an imperative public necessity that the
    8-1  constitutional rule requiring bills to be read on three several
    8-2  days in each house be suspended, and this rule is hereby suspended.