By Moncrief                                             S.B. No. 97

         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

1-24     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.  Section 25.07(a), Penal Code, as amended by

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

 2-8     Session, 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

2-26                 (3)  goes to or near any of the following places as

2-27     specifically described in the order:

 3-1                       (A)  the residence or place of employment or

 3-2     business of a protected individual or a member of the family or

 3-3     household; or

 3-4                       (B)  any child care facility, residence, or

 3-5     school where a child protected by the order normally resides or

 3-6     attends[; or]

 3-7                 [(4)  engages in conduct directed specifically toward a

 3-8     person who is a member of the family or household, including

 3-9     following the person, that is reasonably likely to harass, annoy,

3-10     alarm, abuse, torment, or embarrass that person].

3-11           SECTION 3.  Article 17.29(b), Code of Criminal Procedure, as

3-12     amended by Chapters 656 and 661, Acts of the 74th Legislature,

3-13     Regular Session, 1995, is amended to read as follows:

3-14           (b)  Before releasing on bail a person arrested for an

3-15     offense under Section 42.072 [42.07(a)(7)], Penal Code, or a person

3-16     arrested or held without warrant in the prevention of family

3-17     violence, the law enforcement agency holding the person shall make

3-18     a reasonable attempt to  give personal notice of the imminent

3-19     release to the victim of the alleged offense or to another person

3-20     designated by the victim to receive the notice.  An attempt by an

3-21     agency to give notice to the victim or the person designated by the

3-22     victim at the victim's or person's last known telephone number or

3-23     address, as shown on the records of the agency, constitutes a

3-24     reasonable attempt to give notice under this subsection.  If

3-25     possible, the arresting officer shall collect the address and

3-26     telephone number of the victim at the time the arrest is made and

3-27     shall communicate that information to the agency holding the

 4-1     person.

 4-2           SECTION 4.  Subsections (a) and (b), Article 17.292, Code of

 4-3     Criminal Procedure, are amended to read as follows:

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

 4-5     arrest for an offense involving family violence or an offense under

 4-6     Section 42.072 [42.07(a)(7)], Penal Code, the magistrate may issue

 4-7     an order for emergency protection on the magistrate's own motion or

 4-8     on the request of:

 4-9                 (1)  the victim of the offense;

4-10                 (2)  the guardian of the victim;

4-11                 (3)  a peace officer; or

4-12                 (4)  the attorney representing the state.

4-13           (b)  The magistrate in the order for emergency protection may

4-14     prohibit the arrested party from:

4-15                 (1)  committing:

4-16                       (A)  family violence; or

4-17                       (B)  an act in furtherance of an offense under

4-18     Section 42.072 [42.07(a)(7)], Penal Code;

4-19                 (2)  communicating:

4-20                       (A)  directly with a member of the family or

4-21     household in a threatening or harassing manner; or

4-22                       (B)  a threat through any person to a member of

4-23     the family or household; or

4-24                 (3)  going to or near:

4-25                       (A)  the residence, place of employment, or

4-26     business of a member of the family or household; or

4-27                       (B)  the residence, child care facility, or

 5-1     school where a child protected under the order resides or attends.

 5-2           SECTION 5.  Article 17.46(a), Code of Criminal Procedure, is

 5-3     amended to read as follows:

 5-4           (a)  A magistrate may require as a condition of release on

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

 5-6     [42.071], Penal Code, may not:

 5-7                 (1)  communicate directly or indirectly with the

 5-8     victim; or

 5-9                 (2)  go to or near the residence, place of employment,

5-10     or business of the victim or to or near a school, day-care

5-11     facility, or similar facility where a dependent child of the victim

5-12     is in attendance.

5-13           SECTION 6.  Section 11(l), Article 42.12, Code of Criminal

5-14     Procedure, is amended to read as follows:

5-15           (l)(1)  If the court grants community supervision [probation]

5-16     to a person convicted of an offense under Section 42.072 [42.071],

5-17     Penal Code, the court may require as a condition of community

5-18     supervision [probation] that the person [probationer] may not:

5-19                       (A)  communicate directly or indirectly with the

5-20     victim; or

5-21                       (B)  go to or near the residence, place of

5-22     employment, or business of the victim or to or near a school,

5-23     day-care facility, or similar facility where a dependent child of

5-24     the victim is in attendance.

5-25                 (2)  If the court requires the prohibition contained in

5-26     Subdivision (1)(B) of this subsection as a condition of community

5-27     supervision [probation], the court shall specifically describe  the

 6-1     prohibited locations and the minimum distances, if any, that the

 6-2     person [probationer] must maintain from the locations.

 6-3           SECTION 7.  Section 8(o)(1), Article 42.18, Code of Criminal

 6-4     Procedure, as added by Chapter 10, Acts of the 73rd Legislature,

 6-5     Regular Session, 1993, is amended to read as follows:

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

 6-7     panel under this article, the parole panel may require as a

 6-8     condition of parole or release to mandatory supervision that an

 6-9     inmate serving a sentence for an offense under Section 42.072

6-10     [42.071], Penal Code, may not:

6-11                       (A)  communicate directly or indirectly with the

6-12     victim;  or

6-13                       (B)  go to or near the residence, place of

6-14     employment, or business of the victim or to or near a school,

6-15     day-care facility, or similar facility where a dependent child of

6-16     the victim is in attendance.

6-17           SECTION 8.  Article 56.11(a), Code of Criminal Procedure, is

6-18     amended to read as follows:

6-19           (a)  The institutional division of the Texas Department of

6-20     Criminal Justice shall notify the victim of the offense and local

6-21     law enforcement officials in the county where the victim resides

6-22     whenever a person convicted of a felony offense under Subsection

6-23     (a) as enhanced by Subsection (b) of Section 42.072 [42.071], Penal

6-24     Code:

6-25                 (1)  completes the person's sentence and is released;

6-26     or

6-27                 (2)  escapes from a facility operated by the

 7-1     institutional division.

 7-2           SECTION 9.  Section 501.006, Government Code, is amended to

 7-3     read as follows:

 7-4           Sec. 501.006.  EMERGENCY ABSENCE.  (a)  The institutional

 7-5     division may grant an emergency absence under escort to an inmate

 7-6     so that the inmate may:

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

 7-8                 (2)  obtain treatment and supervision at a Texas

 7-9     Department of Mental Health and Mental Retardation facility; or

7-10                 (3)  attend a funeral or visit a critically ill

7-11     relative.

7-12           (b)  The institutional division shall adopt policies for the

7-13     administration of the emergency absence under escort program.

7-14           (c)  An inmate absent under this section is considered to be

7-15     in the custody of the institutional division, and the inmate must

7-16     be under physical guard while absent.

7-17           (d) [(i)]  The institutional division may not grant a

7-18     furlough to an inmate convicted of an offense under Section 42.072

7-19     [42.071], Penal Code.

7-20           SECTION 10.  Section 42.071, Penal Code, is repealed.

7-21           SECTION 11.  The importance of this legislation and the

7-22     crowded condition of the calendars in both houses create an

7-23     emergency and an imperative public necessity that the

7-24     constitutional rule requiring bills to be read on three several

7-25     days in each house be suspended, and this rule is hereby suspended,

7-26     and that this Act take effect and be in force from and after its

7-27     passage, and it is so enacted.