S.B. No. 25
AN ACT
1-1 relating to the offense of harassment and including within that
1-2 offense conduct that constitutes stalking; providing limitations on
1-3 release on bond, furlough, probation, and parole; and providing
1-4 notification.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 42.07, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 42.07. HARASSMENT. (a) A person commits an offense
1-9 if, with intent to harass, annoy, alarm, abuse, torment, or
1-10 embarrass another, he:
1-11 (1) initiates communication by telephone or in writing
1-12 and in the course of the communication makes a comment, request,
1-13 suggestion, or proposal that is obscene;
1-14 (2) threatens, by telephone or in writing, in a manner
1-15 reasonably likely to alarm the person receiving the threat, to
1-16 inflict <serious> bodily injury on the person or to commit a felony
1-17 against the person, a member of his family, or his property;
1-18 (3) conveys, in a manner reasonably likely to alarm
1-19 the person receiving the report, a false report, which is known by
1-20 the conveyer to be false, that another person has suffered death or
1-21 serious bodily injury;
1-22 (4) causes the telephone of another to ring repeatedly
1-23 or makes repeated telephone communications anonymously or in a
1-24 manner reasonably likely to harass, annoy, alarm, abuse, torment,
2-1 embarrass, or offend another;
2-2 (5) makes a telephone call and intentionally fails to
2-3 hang up or disengage the connection; <or>
2-4 (6) knowingly permits a telephone under his control to
2-5 be used by a person to commit an offense under this section; or
2-6 (7)(A) on more than one occasion engages in conduct
2-7 directed specifically toward the other person, including following
2-8 that person, that is reasonably likely to harass, annoy, alarm,
2-9 abuse, torment, or embarrass that person;
2-10 (B) on at least one of those occasions by acts
2-11 or words threatens to inflict bodily injury on that person or to
2-12 commit an offense against that person, a member of that person's
2-13 family, or that person's property; and
2-14 (C) on at least one of those occasions engages
2-15 in the conduct after the person toward whom the conduct is
2-16 specifically directed has reported to a law enforcement agency the
2-17 conduct described by this subdivision.
2-18 (b) For purposes of Subsection (a)(1) of this section,
2-19 "obscene" means containing a patently offensive description of or a
2-20 solicitation to commit an ultimate sex act, including sexual
2-21 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
2-22 a description of an excretory function. In this section, "family"
2-23 has the meaning assigned by Section 71.01, Family Code.
2-24 (c) An offense under Subsections (a)(1)-(a)(6) of this
2-25 section is a Class B misdemeanor.
2-26 (d) An offense under Subsection (a)(7) of this section is a
2-27 Class A misdemeanor, except that the offense is a felony of the
3-1 third degree if the actor has previously been convicted under
3-2 Subsection (a)(7) of this section.
3-3 (e) It is an affirmative defense to prosecution under
3-4 Subsection (a)(7) of this section that the actor was engaged in
3-5 conduct that consisted of activity in support of constitutionally
3-6 or statutorily protected rights.
3-7 SECTION 2. Chapter 17, Code of Criminal Procedure, is
3-8 amended by adding Article 17.46 to read as follows:
3-9 Art. 17.46. CONDITIONS FOR A DEFENDANT CHARGED WITH
3-10 STALKING. (a) A magistrate may require as a condition of release
3-11 on bond that a defendant charged with an offense under Section
3-12 42.07(a)(7), Penal Code, may not:
3-13 (1) communicate directly or indirectly with the
3-14 victim; or
3-15 (2) go to or near the residence, place of employment,
3-16 or business of the victim or to or near a school, day-care
3-17 facility, or similar facility where a dependent child of the victim
3-18 is in attendance.
3-19 (b) If the magistrate requires the prohibition contained in
3-20 Subsection (a)(2) of this article as a condition of release on
3-21 bond, the magistrate shall specifically describe the prohibited
3-22 locations and the minimum distances, if any, that the defendant
3-23 must maintain from the locations.
3-24 SECTION 3. Section 11, Article 42.12, Code of Criminal
3-25 Procedure, is amended by adding Subsection (l) to read as follows:
3-26 (l)(1) If the court grants probation to a person
3-27 convicted of an offense under Section 42.07(a)(7), Penal Code, the
4-1 court may require as a condition of probation that the probationer
4-2 may not:
4-3 (A) communicate directly or indirectly with the
4-4 victim; or
4-5 (B) go to or near the residence, place of
4-6 employment, or business of the victim or to or near a school,
4-7 day-care facility, or similar facility where a dependent child of
4-8 the victim is in attendance.
4-9 (2) If the court requires the prohibition contained in
4-10 Subdivision (1)(B) of this subsection as a condition of probation,
4-11 the court shall specifically describe the prohibited locations and
4-12 the minimum distances, if any, that the probationer must maintain
4-13 from the locations.
4-14 SECTION 4. Subdivision (1), Subsection (f), Section 8,
4-15 Article 42.18, Code of Criminal Procedure, is amended to read as
4-16 follows:
4-17 (1) In this subsection: (A) "close relative of a
4-18 deceased victim" means a person who was the spouse of a deceased
4-19 victim at the time of the victim's death, a parent of the deceased
4-20 victim, or an adult brother, sister, or child of the deceased
4-21 victim; (B) "guardian of a victim" means a person who is the legal
4-22 guardian of a victim, whether or not the legal relationship between
4-23 the guardian and victim exists because of the age of the victim or
4-24 the physical or mental incompetency of the victim; and (C) "victim"
4-25 means a person who is a victim of sexual assault, kidnapping, <or>
4-26 aggravated robbery, or felony harassment or who has suffered bodily
4-27 injury or death as the result of the criminal conduct of another.
5-1 SECTION 5. Section 8, Article 42.18, Code of Criminal
5-2 Procedure, is amended by adding Subsection (o) to read as follows:
5-3 (o)(1) In addition to other conditions imposed by a parole
5-4 panel under this article, the parole panel may require as a
5-5 condition of parole or release to mandatory supervision that an
5-6 inmate serving a sentence for an offense under Section 42.07(a)(7),
5-7 Penal Code, may not:
5-8 (A) communicate directly or indirectly with the
5-9 victim; or
5-10 (B) go to or near the residence, place of
5-11 employment, or business of the victim or to or near a school,
5-12 day-care facility, or similar facility where a dependent child of
5-13 the victim is in attendance.
5-14 (2) If a parole panel requires the prohibition
5-15 contained in Subdivision (1)(B) of this subsection as a condition
5-16 of parole or release to mandatory supervision, the parole panel
5-17 shall specifically describe the prohibited locations and the
5-18 minimum distances, if any, that the inmate must maintain from the
5-19 locations.
5-20 SECTION 6. Chapter 56, Code of Criminal Procedure, is
5-21 amended by adding Article 56.11 to read as follows:
5-22 Art. 56.11. NOTIFICATION TO STALKING VICTIM. (a) The
5-23 institutional division of the Texas Department of Criminal Justice
5-24 shall notify the victim of the offense and local law enforcement
5-25 officials in the county where the victim resides whenever a person
5-26 convicted of a felony offense under Subsection (a)(7) as enhanced
5-27 by Subsection (d) of Section 42.07, Penal Code:
6-1 (1) completes the person's sentence and is released;
6-2 or
6-3 (2) escapes from a facility operated by the
6-4 institutional division.
6-5 (b) It is the responsibility of the victim desiring
6-6 notification of the offender's release to notify the institutional
6-7 division of the Texas Department of Criminal Justice of any change
6-8 of address of the victim.
6-9 (c) The institutional division of the Texas Department of
6-10 Criminal Justice shall give the notice required by Subsection (a)
6-11 of this article:
6-12 (1) not later than the 30th day before the person
6-13 completes the sentence and is released; or
6-14 (2) immediately if the person escapes from the
6-15 facility operated by the institutional division.
6-16 SECTION 7. Section 501.006, Government Code, is amended by
6-17 adding Subsection (i) to read as follows:
6-18 (i) The institutional division may not grant a furlough to
6-19 an inmate convicted of an offense under Section 42.07(a)(7), Penal
6-20 Code.
6-21 SECTION 8. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended,
6-26 and that this Act take effect and be in force from and after its
6-27 passage, and it is so enacted.