By: Rodriguez H.B. No. 821
73R4049 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of stalking.
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:
1-7 (1) "Course of conduct" means a pattern of conduct
1-8 composed of a series of acts over time demonstrating a continuity
1-9 of purpose. The term does not include acts that are legally
1-10 protected, such as picketing or other organized protests.
1-11 (2) "Credible threat" means a threat against a person
1-12 that causes that person to reasonably fear the person's death or
1-13 bodily injury.
1-14 (3) "Harass" means to engage in a course of conduct
1-15 directed at a specific person that causes substantial emotional
1-16 distress in the person and serves no legitimate purpose.
1-17 (b) A person commits an offense if the person knowingly
1-18 harasses or follows another on more than one occasion.
1-19 (c) A person commits an offense if the person knowingly:
1-20 (1) harasses or follows another on more than one
1-21 occasion; and
1-22 (2) makes a credible threat with the intent to place
1-23 the other person in fear of death or bodily injury.
1-24 (d) An offense under Subsection (b) of this section is a
2-1 Class A misdemeanor, unless it is shown on the trial of the offense
2-2 that at the time of the offense a court order was in effect
2-3 prohibiting the actor from engaging in the conduct described in
2-4 Subsection (b) against the victim of the offense, in which event
2-5 the offense is a felony of the third degree. An offense under
2-6 Subsection (c) of this section is a felony of the third degree.
2-7 (e) If conduct constituting an offense under this section
2-8 also constitutes an offense under another section of this code, the
2-9 actor may be prosecuted under either section.
2-10 SECTION 2. This Act takes effect September 1, 1993.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.