AN ACT
1-1 relating to the prosecution, punishment, and sentencing of a
1-2 defendant charged with the offense of stalking.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 42, Penal Code, is amended by adding
1-5 Section 42.072 to read as follows:
1-6 Sec. 42.072. STALKING. (a) A person commits an offense if
1-7 the person, on more than one occasion and pursuant to the same
1-8 scheme or course of conduct that is directed specifically at
1-9 another person, knowingly engages in conduct, including following
1-10 the other person, that:
1-11 (1) the actor knows or reasonably believes the other
1-12 person will regard as threatening:
1-13 (A) bodily injury or death for the other person;
1-14 (B) bodily injury or death for a member of the
1-15 other person's family or household; or
1-16 (C) that an offense will be committed against
1-17 the other person's property;
1-18 (2) causes the other person or a member of the other
1-19 person's family or household to be placed in fear of bodily injury
1-20 or death or fear that an offense will be committed against the
1-21 other person's property; and
1-22 (3) would cause a reasonable person to fear:
1-23 (A) bodily injury or death for himself or
2-1 herself;
2-2 (B) bodily injury or death for a member of the
2-3 person's family or household; or
2-4 (C) that an offense will be committed against
2-5 the person's property.
2-6 (b) An offense under this section is a Class A misdemeanor,
2-7 except that the offense is a felony of the third degree if the
2-8 actor has previously been convicted under this section.
2-9 (c) In this section, "family," "household," and "member of a
2-10 household" have the meanings assigned by Section 71.01, Family
2-11 Code.
2-12 SECTION 2. Subsection (a), Section 25.07, Penal Code, as
2-13 amended by Chapters 658 and 1024, Acts of the 74th Legislature,
2-14 1995, is amended to read as follows:
2-15 (a) A person commits an offense if, in violation of an order
2-16 issued under Section 3.581, 71.11, or 71.12, Family Code, or under
2-17 Article 17.292, Code of Criminal Procedure, the person knowingly or
2-18 intentionally:
2-19 (1) commits family violence or an act in furtherance
2-20 of an offense under Section 42.072 [42.07(a)(7)];
2-21 (2) communicates:
2-22 (A) directly with a protected individual or a
2-23 member of the family or household in a threatening or harassing
2-24 manner;
2-25 (B) a threat through any person to a protected
3-1 individual or a member of the family or household; and
3-2 (C) in any manner with the protected individual
3-3 or member of the family or household except through the person's
3-4 attorney or a person appointed by the court, if the order prohibits
3-5 any communication with a protected individual or a member of the
3-6 family or household; or
3-7 (3) goes to or near any of the following places as
3-8 specifically described in the order:
3-9 (A) the residence or place of employment or
3-10 business of a protected individual or a member of the family or
3-11 household; or
3-12 (B) any child care facility, residence, or
3-13 school where a child protected by the order normally resides or
3-14 attends[; or]
3-15 [(4) engages in conduct directed specifically toward a
3-16 person who is a member of the family or household, including
3-17 following the person, that is reasonably likely to harass, annoy,
3-18 alarm, abuse, torment, or embarrass that person].
3-19 SECTION 3. Subsection (b), Article 17.29, Code of Criminal
3-20 Procedure, as amended by Chapters 656 and 661, Acts of the 74th
3-21 Legislature, 1995, is amended to read as follows:
3-22 (b) Before releasing on bail a person arrested for an
3-23 offense under Section 42.072 [42.07(a)(7)], Penal Code, or a person
3-24 arrested or held without warrant in the prevention of family
3-25 violence, the law enforcement agency holding the person shall make
4-1 a reasonable attempt to give personal notice of the imminent
4-2 release to the victim of the alleged offense or to another person
4-3 designated by the victim to receive the notice. An attempt by an
4-4 agency to give notice to the victim or the person designated by the
4-5 victim at the victim's or person's last known telephone number or
4-6 address, as shown on the records of the agency, constitutes a
4-7 reasonable attempt to give notice under this subsection. If
4-8 possible, the arresting officer shall collect the address and
4-9 telephone number of the victim at the time the arrest is made and
4-10 shall communicate that information to the agency holding the
4-11 person.
4-12 SECTION 4. Subsections (a) and (b), Article 17.292, Code of
4-13 Criminal Procedure, are amended to read as follows:
4-14 (a) At a defendant's appearance before a magistrate after
4-15 arrest for an offense involving family violence or an offense under
4-16 Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue
4-17 an order for emergency protection on the magistrate's own motion or
4-18 on the request of:
4-19 (1) the victim of the offense;
4-20 (2) the guardian of the victim;
4-21 (3) a peace officer; or
4-22 (4) the attorney representing the state.
4-23 (b) The magistrate in the order for emergency protection may
4-24 prohibit the arrested party from:
4-25 (1) committing:
5-1 (A) family violence; or
5-2 (B) an act in furtherance of an offense under
5-3 Section 42.072 [42.07(a)(7)], Penal Code;
5-4 (2) communicating:
5-5 (A) directly with a member of the family or
5-6 household in a threatening or harassing manner; or
5-7 (B) a threat through any person to a member of
5-8 the family or household; or
5-9 (3) going to or near:
5-10 (A) the residence, place of employment, or
5-11 business of a member of the family or household; or
5-12 (B) the residence, child care facility, or
5-13 school where a child protected under the order resides or attends.
5-14 SECTION 5. Subsection (a), Article 17.46, Code of Criminal
5-15 Procedure, is amended to read as follows:
5-16 (a) A magistrate may require as a condition of release on
5-17 bond that a defendant charged with an offense under Section 42.072
5-18 [42.071], Penal Code, may not:
5-19 (1) communicate directly or indirectly with the
5-20 victim; or
5-21 (2) go to or near the residence, place of employment,
5-22 or business of the victim or to or near a school, day-care
5-23 facility, or similar facility where a dependent child of the victim
5-24 is in attendance.
5-25 SECTION 6. Subsection (l), Section 11, Article 42.12, Code
6-1 of Criminal Procedure, is amended to read as follows:
6-2 (l)(1) If the court grants community supervision [probation]
6-3 to a person convicted of an offense under Section 42.072 [42.071],
6-4 Penal Code, the court may require as a condition of community
6-5 supervision [probation] that the person [probationer] may not:
6-6 (A) communicate directly or indirectly with the
6-7 victim; or
6-8 (B) go to or near the residence, place of
6-9 employment, or business of the victim or to or near a school,
6-10 day-care facility, or similar facility where a dependent child of
6-11 the victim is in attendance.
6-12 (2) If the court requires the prohibition contained in
6-13 Subdivision (1)(B) of this subsection as a condition of community
6-14 supervision [probation], the court shall specifically describe the
6-15 prohibited locations and the minimum distances, if any, that the
6-16 person [probationer] must maintain from the locations.
6-17 SECTION 7. Subdivision (1), Subsection (o), Section 8,
6-18 Article 42.18, Code of Criminal Procedure, as added by Chapter 10,
6-19 Acts of the 73rd Legislature, 1993, is amended to read as follows:
6-20 (o)(1) In addition to other conditions imposed by a parole
6-21 panel under this article, the parole panel may require as a
6-22 condition of parole or release to mandatory supervision that an
6-23 inmate serving a sentence for an offense under Section 42.072
6-24 [42.071], Penal Code, may not:
6-25 (A) communicate directly or indirectly with the
7-1 victim; or
7-2 (B) go to or near the residence, place of
7-3 employment, or business of the victim or to or near a school,
7-4 day-care facility, or similar facility where a dependent child of
7-5 the victim is in attendance.
7-6 SECTION 8. Subsection (a), Article 56.11, Code of Criminal
7-7 Procedure, is amended to read as follows:
7-8 (a) The institutional division of the Texas Department of
7-9 Criminal Justice shall notify the victim of the offense and local
7-10 law enforcement officials in the county where the victim resides
7-11 whenever a person convicted of a felony offense under Subsection
7-12 (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal
7-13 Code:
7-14 (1) completes the person's sentence and is released;
7-15 or
7-16 (2) escapes from a facility operated by the
7-17 institutional division.
7-18 SECTION 9. Section 501.006, Government Code, is amended to
7-19 read as follows:
7-20 Sec. 501.006. EMERGENCY ABSENCE. (a) The institutional
7-21 division may grant an emergency absence under escort to an inmate
7-22 so that the inmate may:
7-23 (1) obtain a medical diagnosis or medical treatment;
7-24 (2) obtain treatment and supervision at a Texas
7-25 Department of Mental Health and Mental Retardation facility; or
8-1 (3) attend a funeral or visit a critically ill
8-2 relative.
8-3 (b) The institutional division shall adopt policies for the
8-4 administration of the emergency absence under escort program.
8-5 (c) An inmate absent under this section is considered to be
8-6 in the custody of the institutional division, and the inmate must
8-7 be under physical guard while absent.
8-8 (d) [(i)] The institutional division may not grant a
8-9 furlough to an inmate convicted of an offense under Section 42.072
8-10 [42.071], Penal Code.
8-11 SECTION 10. Section 42.071, Penal Code, is repealed.
8-12 SECTION 11. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended,
8-17 and that this Act take effect and be in force from and after its
8-18 passage, and it is so enacted.
S.B. No. 97
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 97 passed the Senate on
January 16, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendments on January 27, 1997, by
the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 97 passed the House, with
amendments, on January 23, 1997, by the following vote: Yeas 147,
Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor