By McCall H.B. No. 2
75R1188 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution, punishment, and sentencing of a
1-3 defendant charged with the offense of stalking.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-6 Section 42.072 to read as follows:
1-7 Sec. 42.072. STALKING. (a) A person commits an offense if
1-8 the person, on more than one occasion and pursuant to the same
1-9 scheme or course of conduct that is directed specifically at
1-10 another person, knowingly engages in conduct, including following
1-11 the other person, that:
1-12 (1) the actor knows or reasonably believes the other
1-13 person will regard as threatening;
1-14 (2) causes the other person or a member of the other
1-15 person's family to be placed in fear of bodily injury or death or
1-16 fear that an offense will be committed against the other person's
1-17 property; and
1-18 (3) would cause a reasonable person to fear:
1-19 (A) bodily injury or death for himself or
1-20 herself;
1-21 (B) bodily injury or death for a member of the
1-22 person's family; or
1-23 (C) that an offense will be committed against
2-1 the person's property.
2-2 (b) An offense under this section is a Class A misdemeanor,
2-3 except that the offense is a felony of the third degree if the
2-4 actor has previously been convicted under this section.
2-5 (c) In this section, "family" has the meaning assigned by
2-6 Section 71.01, Family Code.
2-7 SECTION 2. Section 25.07(a), Penal Code, as amended by
2-8 Chapters 658 and 1024, Acts of the 74th Legislature, Regular
2-9 Session, 1995, is amended to read as follows:
2-10 (a) A person commits an offense if, in violation of an order
2-11 issued under Section 3.581, 71.11, or 71.12, Family Code, or under
2-12 Article 17.292, Code of Criminal Procedure, the person knowingly or
2-13 intentionally:
2-14 (1) commits family violence or an act in furtherance
2-15 of an offense under Section 42.072 [42.07(a)(7)];
2-16 (2) communicates:
2-17 (A) directly with a protected individual or a
2-18 member of the family or household in a threatening or harassing
2-19 manner;
2-20 (B) a threat through any person to a protected
2-21 individual or a member of the family or household; and
2-22 (C) in any manner with the protected individual
2-23 or member of the family or household except through the person's
2-24 attorney or a person appointed by the court, if the order prohibits
2-25 any communication with a protected individual or a member of the
2-26 family or household; or
3-1 (3) goes to or near any of the following places as
3-2 specifically described in the order:
3-3 (A) the residence or place of employment or
3-4 business of a protected individual or a member of the family or
3-5 household; or
3-6 (B) any child care facility, residence, or
3-7 school where a child protected by the order normally resides or
3-8 attends[; or]
3-9 [(4) engages in conduct directed specifically toward a
3-10 person who is a member of the family or household, including
3-11 following the person, that is reasonably likely to harass, annoy,
3-12 alarm, abuse, torment, or embarrass that person].
3-13 SECTION 3. Article 17.29(b), Code of Criminal Procedure, as
3-14 amended by Chapters 656 and 661, Acts of the 74th Legislature,
3-15 Regular Session, 1995, is amended to read as follows:
3-16 (b) Before releasing on bail a person arrested for an
3-17 offense under Section 42.072 [42.07(a)(7)], Penal Code, or a person
3-18 arrested or held without warrant in the prevention of family
3-19 violence, the law enforcement agency holding the person shall make
3-20 a reasonable attempt to give personal notice of the imminent
3-21 release to the victim of the alleged offense or to another person
3-22 designated by the victim to receive the notice. An attempt by an
3-23 agency to give notice to the victim or the person designated by the
3-24 victim at the victim's or person's last known telephone number or
3-25 address, as shown on the records of the agency, constitutes a
3-26 reasonable attempt to give notice under this subsection. If
4-1 possible, the arresting officer shall collect the address and
4-2 telephone number of the victim at the time the arrest is made and
4-3 shall communicate that information to the agency holding the
4-4 person.
4-5 SECTION 4. Subsections (a) and (b), Article 17.292, Code of
4-6 Criminal Procedure, are amended to read as follows:
4-7 (a) At a defendant's appearance before a magistrate after
4-8 arrest for an offense involving family violence or an offense under
4-9 Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue
4-10 an order for emergency protection on the magistrate's own motion or
4-11 on the request of:
4-12 (1) the victim of the offense;
4-13 (2) the guardian of the victim;
4-14 (3) a peace officer; or
4-15 (4) the attorney representing the state.
4-16 (b) The magistrate in the order for emergency protection may
4-17 prohibit the arrested party from:
4-18 (1) committing:
4-19 (A) family violence; or
4-20 (B) an act in furtherance of an offense under
4-21 Section 42.072 [42.07(a)(7)], Penal Code;
4-22 (2) communicating:
4-23 (A) directly with a member of the family or
4-24 household in a threatening or harassing manner; or
4-25 (B) a threat through any person to a member of
4-26 the family or household; or
5-1 (3) going to or near:
5-2 (A) the residence, place of employment, or
5-3 business of a member of the family or household; or
5-4 (B) the residence, child care facility, or
5-5 school where a child protected under the order resides or attends.
5-6 SECTION 5. Article 17.46(a), Code of Criminal Procedure, is
5-7 amended to read as follows:
5-8 (a) A magistrate may require as a condition of release on
5-9 bond that a defendant charged with an offense under Section 42.072
5-10 [42.071], Penal Code, may not:
5-11 (1) communicate directly or indirectly with the
5-12 victim; or
5-13 (2) go to or near the residence, place of employment,
5-14 or business of the victim or to or near a school, day-care
5-15 facility, or similar facility where a dependent child of the victim
5-16 is in attendance.
5-17 SECTION 6. Section 11(l), Article 42.12, Code of Criminal
5-18 Procedure, is amended to read as follows:
5-19 (l)(1) If the court grants community supervision [probation]
5-20 to a person convicted of an offense under Section 42.072 [42.071],
5-21 Penal Code, the court may require as a condition of community
5-22 supervision [probation] that the person [probationer] may not:
5-23 (A) communicate directly or indirectly with the
5-24 victim; or
5-25 (B) go to or near the residence, place of
5-26 employment, or business of the victim or to or near a school,
6-1 day-care facility, or similar facility where a dependent child of
6-2 the victim is in attendance.
6-3 (2) If the court requires the prohibition contained in
6-4 Subdivision (1)(B) of this subsection as a condition of community
6-5 supervision [probation], the court shall specifically describe the
6-6 prohibited locations and the minimum distances, if any, that the
6-7 person [probationer] must maintain from the locations.
6-8 SECTION 7. Section 8(o)(1), Article 42.18, Code of Criminal
6-9 Procedure, as added by Chapter 10, Acts of the 73rd Legislature,
6-10 Regular Session, 1993, is amended to read as follows:
6-11 (o)(1) In addition to other conditions imposed by a parole
6-12 panel under this article, the parole panel may require as a
6-13 condition of parole or release to mandatory supervision that an
6-14 inmate serving a sentence for an offense under Section 42.072
6-15 [42.071], Penal Code, may not:
6-16 (A) communicate directly or indirectly with the
6-17 victim; or
6-18 (B) go to or near the residence, place of
6-19 employment, or business of the victim or to or near a school,
6-20 day-care facility, or similar facility where a dependent child of
6-21 the victim is in attendance.
6-22 SECTION 8. Article 56.11(a), Code of Criminal Procedure, is
6-23 amended to read as follows:
6-24 (a) The institutional division of the Texas Department of
6-25 Criminal Justice shall notify the victim of the offense and local
6-26 law enforcement officials in the county where the victim resides
7-1 whenever a person convicted of a felony offense under Subsection
7-2 (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal
7-3 Code:
7-4 (1) completes the person's sentence and is released;
7-5 or
7-6 (2) escapes from a facility operated by the
7-7 institutional division.
7-8 SECTION 9. Section 501.006, Government Code, is amended to
7-9 read as follows:
7-10 Sec. 501.006. EMERGENCY ABSENCE. (a) The institutional
7-11 division may grant an emergency absence under escort to an inmate
7-12 so that the inmate may:
7-13 (1) obtain a medical diagnosis or medical treatment;
7-14 (2) obtain treatment and supervision at a Texas
7-15 Department of Mental Health and Mental Retardation facility; or
7-16 (3) attend a funeral or visit a critically ill
7-17 relative.
7-18 (b) The institutional division shall adopt policies for the
7-19 administration of the emergency absence under escort program.
7-20 (c) An inmate absent under this section is considered to be
7-21 in the custody of the institutional division, and the inmate must
7-22 be under physical guard while absent.
7-23 (d) [(i)] The institutional division may not grant a
7-24 furlough to an inmate convicted of an offense under Section 42.072
7-25 [42.071], Penal Code.
7-26 SECTION 10. Section 42.071, Penal Code, is repealed.
8-1 SECTION 11. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended,
8-6 and that this Act take effect and be in force from and after its
8-7 passage, and it is so enacted.