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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain criminal offenses involving |
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family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual, as those terms are defined by Section 22.04; or |
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(2) a Class B misdemeanor if the offense is committed: |
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(A) by a person who is not a sports participant |
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against a person the actor knows is a sports participant either: |
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(i) [(A)] while the participant is |
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performing duties or responsibilities in the participant's |
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capacity as a sports participant; or |
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(ii) [(B)] in retaliation for or on account |
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of the participant's performance of a duty or responsibility within |
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the participant's capacity as a sports participant; or |
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(B) against a person whose relationship to or |
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association with the actor is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code. |
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SECTION 2. Section 14, Article 42.12, Code of Criminal |
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Procedure, as amended by Chapter 165, Acts of the 73rd Legislature, |
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Regular Session, 1993, Chapter 910, Acts of the 76th Legislature, |
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Regular Session, 1999, and Chapter 353, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended by adding Subsection |
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(d) to read as follows: |
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(d) If the court grants community supervision to a person |
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charged with or convicted of an offense under Section 25.07, Penal |
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Code, that involves family violence, the court shall require as a |
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condition of community supervision that the person submit to |
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electronic monitoring. |
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SECTION 3. (a) The change in law made by Section 1 of this |
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Act applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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(b) The change in law made by Section 2 of this Act applies |
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only to a person granted community supervision for an offense |
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committed on or after the effective date of this Act. A person |
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granted community supervision for an offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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(c) For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |