By:  Moncrief                                           S.B. No. 25
       73R1140 DRH-F
                                 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)  A person commits an offense if
    1-7  the person knowingly:
    1-8              (1)  on more than one occasion follows or harasses
    1-9  another person; and
   1-10              (2)  behaves in a manner toward the person that would
   1-11  cause a reasonable person to fear for himself or a member of his
   1-12  family bodily injury or death.
   1-13        (b)  Except as provided by Subsection (c) of this section, an
   1-14  offense under this section is a Class A misdemeanor.
   1-15        (c)  An offense under this section is a felony of the third
   1-16  degree if:
   1-17              (1)  there is a court order in effect prohibiting the
   1-18  actor from engaging in conduct described in Subsection (a) of this
   1-19  section against the person; or
   1-20              (2)  it is shown at trial for the offense that within
   1-21  the last seven years the actor has been previously convicted under
   1-22  this title for conduct against the same person.
   1-23        (d)  If conduct constituting an offense under this section
   1-24  also constitutes an offense under another section of this code, the
    2-1  actor may be prosecuted under either section.
    2-2        (e)  In this section:
    2-3              (1)  "Family" has the meaning assigned by Section
    2-4  71.01, Family Code.
    2-5              (2)  "Harass" means to engage in conduct that is not
    2-6  legally protected and that would abuse, alarm, annoy, or torment a
    2-7  reasonable person.
    2-8        SECTION 2.  This Act takes effect September 1, 1993.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency   and   an   imperative   public   necessity   that   the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.