SRC-TAG S.B. 317 78(R) BILL ANALYSIS


Senate Research Center   S.B. 317
78R807 EMT-FBy: Hinojosa
Criminal Justice
2/21/2003
As Filed


DIGEST AND PURPOSE 

Under current Texas law, a violation of a protective order has occurred if
a person knowingly or intentionally: communicates directly with a
protected individual in a threatening way; communicates a threat through
any person to a protected individual or a member of the family or
household; and communicates in any manner with the protected individual
except through the person's attorney.  In order for the protective order
to be violated, the individual has to communicate with the protected
person in all three ways.  Thus, the statute is difficult to enforce and
does not provide the intended level of protection to the protected
individual.  As proposed, S.B. 317 changes Section 25.07(a)(2)(B), Penal
Code, by replacing the word "and" with the word "or."  The change will
result in a violation of the protective order if the individual attempts
to communicate with the protected person in any of the ways noted in the
current statute. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.07(a), Penal Code, to provide that a person
commits an offense, if the person knowingly or intentionally: 

 -  communicates:

(A)  directly with a protected individual or member of the family or
household in a threatening or harassing manner; 

(B)  a threat through any person to a protected individual or a member of
the family or household; or, rather than and, 

(C)  in any manner with the protected individual or a member of the family
or household except through the person's attorney or a person appointed by
the court, if the order prohibits any communication with a protected
individual or a member of the family or household; 
  
SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.