By:  Moncrief, Shapiro                                 S.B. No. 126
            West, Zaffirini
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the requirement that a victim of the offense of
    1-2  stalking must have previously reported the stalking conduct;
    1-3  providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 42.07, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 42.07.  HARASSMENT.  (a)  A person commits an offense
    1-8  if, with intent to harass, annoy, alarm, abuse, torment, or
    1-9  embarrass another, he:
   1-10              (1)  initiates communication by telephone or in writing
   1-11  and in the course of the communication makes a comment, request,
   1-12  suggestion, or proposal that is obscene;
   1-13              (2)  threatens, by telephone or in writing, in a manner
   1-14  reasonably likely to alarm the person receiving the threat, to
   1-15  inflict bodily injury on the person or to commit a felony against
   1-16  the person, a member of his family, or his property;
   1-17              (3)  conveys, in a manner reasonably likely to alarm
   1-18  the person receiving the report, a false report, which is known by
   1-19  the conveyor to be false, that another person has suffered death or
   1-20  serious bodily injury;
   1-21              (4)  causes the telephone of another to ring repeatedly
   1-22  or makes repeated telephone communications anonymously or in a
   1-23  manner reasonably likely to harass, annoy, alarm, abuse, torment,
   1-24  embarrass, or offend another;
    2-1              (5)  makes a telephone call and intentionally fails to
    2-2  hang up or disengage the connection; or
    2-3              (6)  knowingly permits a telephone under his control to
    2-4  be used by a person to commit an offense under this section<; or>
    2-5              <(7)(A)  on more than one occasion engages in conduct
    2-6  directed specifically toward the other person, including following
    2-7  that person, that is reasonably likely to harass, annoy, alarm,
    2-8  abuse, torment, or embarrass that person;>
    2-9                    <(B)  on at least one of those occasions by acts
   2-10  or words threatens to inflict bodily injury on that person or to
   2-11  commit an offense against that person, a member of that person's
   2-12  family, or that person's property; and>
   2-13                    <(C)  on at least one of those occasions engages
   2-14  in the conduct after the person toward whom the conduct is
   2-15  specifically directed has reported to a law enforcement agency the
   2-16  conduct described by this subdivision>.
   2-17        (b)  For purposes of Subsection (a)(1), "obscene" means
   2-18  containing a patently offensive description of or a solicitation to
   2-19  commit an ultimate sex act, including sexual intercourse,
   2-20  masturbation, cunnilingus, fellatio, or anilingus, or a description
   2-21  of an excretory function.  In this section, "family" has the
   2-22  meaning assigned by Section 71.01, Family Code.
   2-23        (c)  An offense under this section <Subsections
   2-24  (a)(1)-(a)(6)> is a Class B misdemeanor.
   2-25        <(d)  An offense under Subsection (a)(7) is a Class A
   2-26  misdemeanor, except that the offense is a felony of the third
   2-27  degree if the actor has previously been convicted under Subsection
    3-1  (a)(7).>
    3-2        <(e)  It is an affirmative defense to prosecution under
    3-3  Subsection (a)(7) that the actor was engaged in conduct that
    3-4  consisted of activity in support of constitutionally or statutorily
    3-5  protected rights.>
    3-6        SECTION 2.  Chapter 42, Penal Code, is amended by adding
    3-7  Section 42.071 to read as follows:
    3-8        Sec. 42.071.  STALKING.  (a)  A person commits an offense if,
    3-9  with intent to harass, annoy, alarm, abuse, torment, or embarrass
   3-10  another, he:
   3-11              (1)  on more than one occasion engages in conduct
   3-12  directed specifically toward another person, including following
   3-13  that person, that is reasonably likely to harass, annoy, alarm,
   3-14  abuse, torment, or embarrass that person; and
   3-15              (2)  on at least one of those occasions by acts or
   3-16  words threatens to inflict bodily injury on that person or to
   3-17  commit an offense against that person, a member of that person's
   3-18  family, or that person's property.
   3-19        (b)  An offense under this section is a Class A misdemeanor,
   3-20  except that the offense is a felony of the third degree if the
   3-21  actor has previously been convicted under this section.
   3-22        (c)  It is an affirmative defense to prosecution under this
   3-23  section that the actor was engaged in conduct that consisted of
   3-24  activity in support of constitutionally or statutorily protected
   3-25  rights.
   3-26        (d)  In this section, "family" has the meaning assigned by
   3-27  Section 71.01, Family Code.
    4-1        SECTION 3.  Subsection (a), Article 17.46, Code of Criminal
    4-2  Procedure, is amended to read as follows:
    4-3        (a)  A magistrate may require as a condition of release on
    4-4  bond that a defendant charged with an offense under Section 42.071
    4-5  <42.07(a)(7)>, Penal Code, may not:
    4-6              (1)  communicate directly or indirectly with the
    4-7  victim; or
    4-8              (2)  go to or near the residence, place of employment,
    4-9  or business of the victim or to or near a school, day-care
   4-10  facility, or similar facility where a dependent child of the victim
   4-11  is in attendance.
   4-12        SECTION 4.  Subdivision (1), Subsection (l), Section 11,
   4-13  Article 42.12, Code of Criminal Procedure, is amended to read as
   4-14  follows:
   4-15              (1)  If the court grants probation to a person
   4-16  convicted of an offense under Section 42.071 <42.07(a)(7)>, Penal
   4-17  Code, the court may require as a condition of probation that the
   4-18  probationer may not:
   4-19                    (A)  communicate directly or indirectly with the
   4-20  victim; or
   4-21                    (B)  go to or near the residence, place of
   4-22  employment, or business of the victim or to or near a school,
   4-23  day-care facility, or similar facility where a dependent child of
   4-24  the victim is in attendance.
   4-25        SECTION 5.  Subdivision (1), Subsection (o), Section 8,
   4-26  Article 42.18, Code of Criminal Procedure, as added by Chapter 10,
   4-27  Acts of the 73rd Legislature, 1993, is amended to read as follows:
    5-1              (1)  In addition to other conditions imposed by a
    5-2  parole panel under this article, the parole panel may require as a
    5-3  condition of parole or release to mandatory supervision that an
    5-4  inmate serving a sentence for an offense under Section 42.071
    5-5  <42.07(a)(7)>, Penal Code, may not:
    5-6                    (A)  communicate directly or indirectly with the
    5-7  victim; or
    5-8                    (B)  go to or near the residence, place of
    5-9  employment, or business of the victim or to or near a school,
   5-10  day-care facility, or similar facility where a dependent child of
   5-11  the victim is in attendance.
   5-12        SECTION 6.  Subsection (a), Article 56.11, Code of Criminal
   5-13  Procedure, is amended to read as follows:
   5-14        (a)  The institutional division of the Texas Department of
   5-15  Criminal Justice shall notify the victim of the offense and local
   5-16  law enforcement officials in the county where the victim resides
   5-17  whenever a person convicted of a felony offense under Subsection
   5-18  (a) <(a)(7)> as enhanced by Subsection (b) <(d)> of Section 42.071
   5-19  <42.07>, Penal Code:
   5-20              (1)  completes the person's sentence and is released;
   5-21  or
   5-22              (2)  escapes from a facility operated by the
   5-23  institutional division.
   5-24        SECTION 7.  Subsection (i), Section 501.006, Government Code,
   5-25  is amended to read as follows:
   5-26        (i)  The institutional division may not grant a furlough to
   5-27  an inmate convicted of an offense under Section 42.071
    6-1  <42.07(a)(7)>, Penal Code.
    6-2        SECTION 8.  (a)  The change in law made by this Act applies
    6-3  only to an offense committed on or after the effective date of this
    6-4  Act.  For purposes of this section, an offense is committed before
    6-5  the effective date of this Act if any element of the offense occurs
    6-6  before the effective date.
    6-7        (b)  An offense committed before the effective date of this
    6-8  Act is covered by the law in effect when the offense was committed,
    6-9  and the former law is continued in effect for that purpose.
   6-10        SECTION 9.  This Act takes effect September 1, 1995.
   6-11        SECTION 10.  The importance of this legislation and the
   6-12  crowded condition of the calendars in both houses create an
   6-13  emergency and an imperative public necessity that the
   6-14  constitutional rule requiring bills to be read on three several
   6-15  days in each house be suspended, and this rule is hereby suspended.