1-1 By: Moncrief, et al. S.B. No. 25
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 10, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0;
1-6 February 10, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 25 By: Sibley
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the offense of harassment and including within that
1-20 offense conduct that constitutes stalking; providing furlough
1-21 limitations and notification.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 42.07, Penal Code, is amended to read as
1-24 follows:
1-25 Sec. 42.07. HARASSMENT. (a) A person commits an offense
1-26 if, with intent to harass, annoy, alarm, abuse, torment, or
1-27 embarrass another, he:
1-28 (1) initiates communication by telephone or in writing
1-29 and in the course of the communication makes a comment, request,
1-30 suggestion, or proposal that is obscene;
1-31 (2) threatens, by telephone or in writing, in a manner
1-32 reasonably likely to alarm the person receiving the threat, to
1-33 inflict serious bodily injury on the person or to commit a felony
1-34 against the person, a member of his family, or his property;
1-35 (3) conveys, in a manner reasonably likely to alarm
1-36 the person receiving the report, a false report, which is known by
1-37 the conveyer to be false, that another person has suffered death or
1-38 serious bodily injury;
1-39 (4) causes the telephone of another to ring repeatedly
1-40 or makes repeated telephone communications anonymously or in a
1-41 manner reasonably likely to harass, annoy, alarm, abuse, torment,
1-42 embarrass, or offend another;
1-43 (5) makes a telephone call and intentionally fails to
1-44 hang up or disengage the connection; <or>
1-45 (6) knowingly permits a telephone under his control to
1-46 be used by a person to commit an offense under this section; or
1-47 (7) on more than one occasion engages in conduct
1-48 directed specifically toward the other person, including following
1-49 that person, that is reasonably likely to harass, annoy, alarm,
1-50 abuse, torment, or embarrass that person and on at least one of
1-51 those occasions threatens to inflict bodily injury on that person
1-52 or to commit an offense against that person, a member of that
1-53 person's family, or that person's property.
1-54 (b) For purposes of Subsection (a)(1) of this section,
1-55 "obscene" means containing a patently offensive description of or a
1-56 solicitation to commit an ultimate sex act, including sexual
1-57 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
1-58 a description of an excretory function. In this section, "family"
1-59 has the meaning assigned by Section 71.01, Family Code.
1-60 (c) An offense under Subsections (a)(1)-(a)(6) of this
1-61 section is a Class B misdemeanor.
1-62 (d) An offense under Subsection (a)(7) of this section is a
1-63 Class A misdemeanor, except that the offense is a felony of the
1-64 third degree if:
1-65 (1) the actor has previously been convicted under
1-66 Subsection (a)(7) of this section for conduct directed specifically
1-67 toward the same person; or
1-68 (2) the conduct that constitutes the offense also
2-1 constitutes the violation of a court order that was directed to the
2-2 actor and of which the actor had notice before the commission of
2-3 the offense.
2-4 SECTION 2. Subdivision (1), Subsection (f), Section 8,
2-5 Article 42.18, Code of Criminal Procedure, is amended to read as
2-6 follows:
2-7 (1) In this subsection: (A) "close relative of a
2-8 deceased victim" means a person who was the spouse of a deceased
2-9 victim at the time of the victim's death, a parent of the deceased
2-10 victim, or an adult brother, sister, or child of the deceased
2-11 victim; (B) "guardian of a victim" means a person who is the legal
2-12 guardian of a victim, whether or not the legal relationship between
2-13 the guardian and victim exists because of the age of the victim or
2-14 the physical or mental incompetency of the victim; and (C) "victim"
2-15 means a person who is a victim of sexual assault, kidnapping, <or>
2-16 aggravated robbery, or felony harassment or who has suffered bodily
2-17 injury or death as the result of the criminal conduct of another.
2-18 SECTION 3. Chapter 56, Code of Criminal Procedure, is
2-19 amended by adding Article 56.11 to read as follows:
2-20 Art. 56.11. NOTIFICATION TO STALKING VICTIM. (a) The
2-21 institutional division of the Texas Department of Criminal Justice
2-22 shall notify the victim of the offense and local law enforcement
2-23 officials in the county where the victim resides whenever a person
2-24 convicted of a felony offense under Subsection (a)(7) as enhanced
2-25 by Subsection (d) of Section 42.07, Penal Code:
2-26 (1) completes the person's sentence and is released;
2-27 or
2-28 (2) escapes from a facility operated by the
2-29 institutional division.
2-30 (b) It is the responsibility of the victim desiring
2-31 notification of the offender's release to notify the institutional
2-32 division of the Texas Department of Criminal Justice of any change
2-33 of address of the victim.
2-34 SECTION 4. Section 501.006, Government Code, is amended by
2-35 adding Subsection (i) to read as follows:
2-36 (i) The institutional division may not grant a furlough to
2-37 an inmate convicted of an offense under Section 42.07(a)(7), Penal
2-38 Code.
2-39 SECTION 5. This Act takes effect September 1, 1993.
2-40 SECTION 6. The importance of this legislation and the
2-41 crowded condition of the calendars in both houses create an
2-42 emergency and an imperative public necessity that the
2-43 constitutional rule requiring bills to be read on three several
2-44 days in each house be suspended, and this rule is hereby suspended.
2-45 * * * * *
2-46 Austin,
2-47 Texas
2-48 February 10,
2-49 1993
2-50 Hon. Bob Bullock
2-51 President of the Senate
2-52 Sir:
2-53 We, your Committee on Criminal Justice to which was referred S.B.
2-54 No. 25, have had the same under consideration, and I am instructed
2-55 to report it back to the Senate with the recommendation that it do
2-56 not pass, but that the Committee Substitute adopted in lieu thereof
2-57 do pass and be printed.
2-58 Whitmire,
2-59 Chairman
2-60 * * * * *
2-61 WITNESSES
2-62 FOR AGAINST ON
2-63 ___________________________________________________________________
2-64 Name: James Collins x
2-65 Representing: TDCJ-ID
2-66 City: Huntsville, TX
2-67 -------------------------------------------------------------------
2-68 Name: Nancy Skalias x
2-69 Representing: Self
2-70 City: Ft. Worth, TX
3-1 -------------------------------------------------------------------
3-2 Name: Cindy Kras x
3-3 Representing: Self
3-4 City: Ft. Worth
3-5 -------------------------------------------------------------------
3-6 Name: Chief Ray Hawkins x
3-7 Representing: Dallas P.D.
3-8 City: Dallas
3-9 -------------------------------------------------------------------
3-10 Name: Ronnie Earle x
3-11 Representing: Travis County Dist. Attn.
3-12 City: Austin
3-13 -------------------------------------------------------------------
3-14 Name: Rhonda Robertson x
3-15 Representing: Ft. Worth P.D.
3-16 City: Ft. Worth
3-17 -------------------------------------------------------------------
3-18 Name: David Pellham x
3-19 Representing: ASSIST
3-20 City: Dallas
3-21 -------------------------------------------------------------------
3-22 Name: Rep. Brian McCall x
3-23 Representing: Self
3-24 City: Austin
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3-26 Name: John Chism x
3-27 Representing: TX ASSOC. of PRIVATE INVEST.
3-28 City: Irving
3-29 -------------------------------------------------------------------
3-30 Name: Deborah Tucker x
3-31 Representing: TX. Council on Family Viol.
3-32 City: Austin
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3-34 Name: Jimmie Breeding x
3-35 Representing: Self
3-36 City: Del Valle
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3-38 Name: Mike Engleman x
3-39 Representing: Self
3-40 City: Dallas
3-41 -------------------------------------------------------------------
3-42 Name: Robert Kepple x
3-43 Representing: Dist. and County Attn.s
3-44 City: Austin
3-45 -------------------------------------------------------------------
3-46 Name: Shannon Noble x
3-47 Representing: Tx Womens Political Caucus
3-48 City: Austin
3-49 -------------------------------------------------------------------
3-50 Name: Bobbie Faulkner x
3-51 Representing: Self
3-52 City: Onalaska
3-53 -------------------------------------------------------------------
3-54 Name: John Boston x
3-55 Representing: Tx Criminal Def. Lawyers
3-56 Assn
3-57 City: Austin
3-58 -------------------------------------------------------------------
3-59 FOR AGAINST ON
3-60 ___________________________________________________________________
3-61 Name: Sabrina Foster x
3-62 Representing: City of Houston
3-63 City: Houston
3-64 -------------------------------------------------------------------
3-65 Name: David Barber x
3-66 Representing: Houston P.D.
3-67 City: Houston
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3-69 Name: Larry Casto x
3-70 Representing: City of Dallas
4-1 City: Dallas
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4-3 Name: G. Sprinkle x
4-4 Representing: Tx Assn. Against Sexual
4-5 Abuse
4-6 City: Austin
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