By: Sibley S.B. No. 43
73R482 DRH-D
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 intentionally:
1-8 (1) on more than one occasion follows or harasses
1-9 another person; and
1-10 (2) makes a threat with the intent of placing the
1-11 person in fear of the death of or serious bodily injury to:
1-12 (A) the person; or
1-13 (B) a member of the person's family or
1-14 household.
1-15 (b) Except as provided by Subsection (c) of this section, an
1-16 offense under this section is a Class A misdemeanor.
1-17 (c) An offense under this section is a felony of the third
1-18 degree if:
1-19 (1) there is a court order in effect prohibiting the
1-20 actor from engaging in conduct described by Subsection (a) of this
1-21 section against the person;
1-22 (2) it is shown at trial for the offense that within
1-23 the last seven years the actor has been previously convicted under
1-24 this title for conduct against the person or a member of the
2-1 person's family or household; or
2-2 (3) it is shown at trial for the offense that at the
2-3 time of the offense the actor is on probation, on parole, or under
2-4 mandatory supervision for a prior offense under this title for
2-5 conduct against the person or a member of the person's family or
2-6 household.
2-7 (d) 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 (e) In this section:
2-11 (1) "Family," "household," and "member of a household"
2-12 have the meanings assigned by Section 71.01, Family Code.
2-13 (2) "Harass" means to engage in conduct that is not
2-14 legally protected and that is intended to abuse, alarm, annoy, or
2-15 torment a specific person.
2-16 (3) "Parole" and "mandatory supervision" have the
2-17 meanings assigned by Section 2, Article 42.18, Code of Criminal
2-18 Procedure.
2-19 (4) "Probation" has the meaning assigned by Section 2,
2-20 Article 42.12, Code of Criminal Procedure.
2-21 SECTION 2. This Act takes effect September 1, 1993.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.