By:  Moncrief, et al.                                   S.B. No. 97

                                A BILL TO BE ENTITLED

                                       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                 (2)  causes the other person or a member of the other

1-14     person's family to be placed in fear of bodily injury or death or

1-15     fear that an offense will be committed against the other person's

1-16     property; and

1-17                 (3)  would cause a reasonable person to fear:

1-18                       (A)  bodily injury or death for himself or

1-19     herself;

1-20                       (B)  bodily injury or death for a member of the

1-21     person's family; or

1-22                       (C)  that an offense will be committed against

1-23     the person's property.

 2-1           (b)  An offense under this section is a Class A misdemeanor,

 2-2     except that the offense is a felony of the third degree if the

 2-3     actor has previously been convicted under this section.

 2-4           (c)  In this section, "family" has the meaning assigned by

 2-5     Section 71.01, Family Code.

 2-6           SECTION 2.  Subsection (a), Section 25.07, Penal Code, as

 2-7     amended by Chapters 658 and 1024, Acts of the 74th Legislature,

 2-8     1995, is amended to read as follows:

 2-9           (a)  A person commits an offense if, in violation of an order

2-10     issued under Section 3.581, 71.11, or 71.12, Family Code, or under

2-11     Article 17.292, Code of Criminal Procedure, the person knowingly or

2-12     intentionally:

2-13                 (1)  commits family violence or an act in furtherance

2-14     of an offense under Section 42.072 [42.07(a)(7)];

2-15                 (2)  communicates:

2-16                       (A)  directly with a protected individual or a

2-17     member of the family or household in a threatening or harassing

2-18     manner;

2-19                       (B)  a threat through any person to a protected

2-20     individual or a member of the family or household; and

2-21                       (C)  in any manner with the protected individual

2-22     or member of the family or household except through the person's

2-23     attorney or a person appointed by the court, if the order prohibits

2-24     any communication with a protected individual or a member of the

2-25     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.  Subsection (b), Article 17.29, Code of Criminal

3-14     Procedure, as amended by Chapters 656 and 661, Acts of the 74th

3-15     Legislature, 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

 4-1     reasonable attempt to give notice under this subsection.  If

 4-2     possible, the arresting officer shall collect the address and

 4-3     telephone number of the victim at the time the arrest is made and

 4-4     shall communicate that information to the agency holding the

 4-5     person.

 4-6           SECTION 4.  Subsections (a) and (b), Article 17.292, Code of

 4-7     Criminal Procedure, are amended to read as follows:

 4-8           (a)  At a defendant's appearance before a magistrate after

 4-9     arrest for an offense involving family violence or an offense under

4-10     Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue

4-11     an order for emergency protection on the magistrate's own motion or

4-12     on the request of:

4-13                 (1)  the victim of the offense;

4-14                 (2)  the guardian of the victim;

4-15                 (3)  a peace officer; or

4-16                 (4)  the attorney representing the state.

4-17           (b)  The magistrate in the order for emergency protection may

4-18     prohibit the arrested party from:

4-19                 (1)  committing:

4-20                       (A)  family violence; or

4-21                       (B)  an act in furtherance of an offense under

4-22     Section 42.072 [42.07(a)(7)], Penal Code;

4-23                 (2)  communicating:

4-24                       (A)  directly with a member of the family or

4-25     household in a threatening or harassing manner; or

 5-1                       (B)  a threat through any person to a member of

 5-2     the family or household; or

 5-3                 (3)  going to or near:

 5-4                       (A)  the residence, place of employment, or

 5-5     business of a member of the family or household; or

 5-6                       (B)  the residence, child care facility, or

 5-7     school where a child protected under the order resides or attends.

 5-8           SECTION 5.  Subsection (a), Article 17.46, Code of Criminal

 5-9     Procedure, is amended to read as follows:

5-10           (a)  A magistrate may require as a condition of release on

5-11     bond that a defendant charged with an offense under Section 42.072

5-12     [42.071], Penal Code, may not:

5-13                 (1)  communicate directly or indirectly with the

5-14     victim; or

5-15                 (2)  go to or near the residence, place of employment,

5-16     or business of the victim or to or near a school, day-care

5-17     facility, or similar facility where a dependent child of the victim

5-18     is in attendance.

5-19           SECTION 6.  Subsection (l), Section 11, Article 42.12, Code

5-20     of Criminal Procedure, is amended to read as follows:

5-21           (l)(1)  If the court grants community supervision [probation]

5-22     to a person convicted of an offense under Section 42.072 [42.071],

5-23     Penal Code, the court may require as a condition of community

5-24     supervision [probation] that the person [probationer] may not:

5-25                       (A)  communicate directly or indirectly with the

 6-1     victim; or

 6-2                       (B)  go to or near the residence, place of

 6-3     employment, or business of the victim or to or near a school,

 6-4     day-care facility, or similar facility where a dependent child of

 6-5     the victim is in attendance.

 6-6                 (2)  If the court requires the prohibition contained in

 6-7     Subdivision (1)(B) of this subsection as a condition of community

 6-8     supervision [probation], the court shall specifically describe  the

 6-9     prohibited locations and the minimum distances, if any, that the

6-10     person [probationer] must maintain from the locations.

6-11           SECTION 7.  Subdivision (1), Subsection (o), Section 8,

6-12     Article 42.18, Code of Criminal Procedure, as added by Chapter 10,

6-13     Acts of the 73rd Legislature, 1993, is amended to read as follows:

6-14           (o)(1)  In addition to other conditions imposed by a parole

6-15     panel under this article, the parole panel may require as a

6-16     condition of parole or release to mandatory supervision that an

6-17     inmate serving a sentence for an offense under Section 42.072

6-18     [42.071], Penal Code, may not:

6-19                       (A)  communicate directly or indirectly with the

6-20     victim; or

6-21                       (B)  go to or near the residence, place of

6-22     employment, or business of the victim or to or near a school,

6-23     day-care facility, or similar facility where a dependent child of

6-24     the victim is in attendance.

6-25           SECTION 8.  Subsection (a), Article 56.11, Code of Criminal

 7-1     Procedure, is amended to read as follows:

 7-2           (a)  The institutional division of the Texas Department of

 7-3     Criminal Justice shall notify the victim of the offense and local

 7-4     law enforcement officials in the county where the victim resides

 7-5     whenever a person convicted of a felony offense under Subsection

 7-6     (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal

 7-7     Code:

 7-8                 (1)  completes the person's sentence and is released;

 7-9     or

7-10                 (2)  escapes from a facility operated by the

7-11     institutional division.

7-12           SECTION 9.  Section 501.006, Government Code, is amended to

7-13     read as follows:

7-14           Sec. 501.006.  EMERGENCY ABSENCE.  (a)  The institutional

7-15     division may grant an emergency absence under escort to an inmate

7-16     so that the inmate may:

7-17                 (1)  obtain a medical diagnosis or medical treatment;

7-18                 (2)  obtain treatment and supervision at a Texas

7-19     Department of Mental Health and Mental Retardation facility; or

7-20                 (3)  attend a funeral or visit a critically ill

7-21     relative.

7-22           (b)  The institutional division shall adopt policies for the

7-23     administration of the emergency absence under escort program.

7-24           (c)  An inmate absent under this section is considered to be

7-25     in the custody of the institutional division, and the inmate must

 8-1     be under physical guard while absent.

 8-2           (d) [(i)]  The institutional division may not grant a

 8-3     furlough to an inmate convicted of an offense under Section 42.072

 8-4     [42.071], Penal Code.

 8-5           SECTION 10.  Section 42.071, Penal Code, is repealed.

 8-6           SECTION 11.  The importance of this legislation and the

 8-7     crowded condition of the calendars in both houses create an

 8-8     emergency and an imperative public necessity that the

 8-9     constitutional rule requiring bills to be read on three several

8-10     days in each house be suspended, and this rule is hereby suspended,

8-11     and that this Act take effect and be in force from and after its

8-12     passage, and it is so enacted.

8-13                          COMMITTEE AMENDMENT NO. 1

8-14           Amend S.B. No. 97 as follows:

8-15           (1)  On page 1, strike lines 12 and 13 and substitute the

8-16     following:

8-17                 (1)  the actor knows or reasonably believes the other

8-18     person will regard as threatening:

8-19                       (A)  bodily injury or death for the other person;

8-20                       (B)  bodily injury or death for a member of the

8-21     other person's family or household; or

8-22                       (C)  that an offense will be committed against

8-23     the other person's property;

8-24                                                                   Place

8-25                          COMMITTEE AMENDMENT NO. 2

 9-1           Amend S.B. No. 97 as follows:

 9-2           (1)  On page 1, line 14, between "family" and "to", insert

 9-3     "or household".

 9-4           (2)  On page 1, line 21, between "family" and the semicolon,

 9-5     insert "or household".

 9-6           (3)  On page 2, line 4, strike "has the meaning" and

 9-7     substitute ", "household," and "member of a household" have the

 9-8     meanings".

 9-9     75R4109 GWK-D                                               Pickett