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.