Amend HB 3692 as follows:
(1) Strike SECTION 1 of the bill on page 1, line 6 through page 1, line 12, and renumber subsequent SECTIONS of the bill
accordingly.
(2) On page 1, line 18, strike "Section 25.07(a), Penal
Code, is amended" and substitute "Sections 25.07(a) and (g), Penal
Code, are amended".
(3) On page 2, lines 15-16, strike "if the order or
condition of bond" and substitute "if the violation is of an order
described by this subsection and the order".
(4) On page 2, between lines 26 and 27, insert the
following:
(g) An offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant
has previously been convicted under this section two or more times
or has violated the [protective] order or condition of bond by
committing an assault or the offense of stalking, in which event the
offense is a third degree felony.
(5) On page 3, lines 6 and 19, strike "A person" and
substitute "Except as otherwise provided by Subsection (d), a
person".
(6) On page 3, lines 12-13 and 23-24, strike "on a
determination by a judge or magistrate following a hearing that
probable cause exists to believe" and substitute "if following a
hearing a judge or magistrate determines by a preponderance of the
evidence that".
(7) On page 3, between lines 25 and 26, insert the
following:
(d) A person who commits an offense under Section
25.07(a)(3), Penal Code, may be held without bail under Subsection
(b) or (c), as applicable, only if following a hearing the judge or
magistrate determines by a preponderance of the evidence that the
person went to or near the place described in the order or condition
of bond with the intent to commit or threaten to commit:
(1) family violence; or
(2) an act in furtherance of an offense under Section
42.072, Penal Code.
(8) On page 3, line 26, strike "(d)" and substitute "(e)".
(9) On page 4, line 10, strike "(e)" and substitute "(f)".