By:  Hinojosa                                                     S.B. No. 317


A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of violation of a 
protective order or magistrate's order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 25.07, Penal Code, is 
amended to read as follows:
	(a)  A person commits an offense if, in violation of an order 
issued under Section 6.504 or Chapter 85, Family Code, under  
Article 17.292, Code of Criminal Procedure, or by another 
jurisdiction as provided by Chapter 88, Family Code, the person 
knowingly or intentionally:
		(1)  commits family violence or an act in furtherance 
of an offense under Section 42.072;
		(2)  communicates:                                                            
			(A)  directly with a protected individual or a 
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 [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;
		(3)  goes to or near any of the following places as 
specifically described in the order:
			(A)  the residence or place of employment or 
business of a protected individual or a member of the family or 
household; or
			(B)  any child care facility, residence, or school 
where a child protected by the order normally resides or attends; or
		(4)  possesses a firearm.                                                     
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.  An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
subsection, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.