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.