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AN ACT
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relating to creating the offense of continuous violence against the |
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family. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 25, Penal Code, is amended by adding |
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Section 25.11 to read as follows: |
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Sec. 25.11. CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) A |
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person commits an offense if, during a period that is 12 months or |
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less in duration, the person two or more times engages in conduct |
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that constitutes an offense under Section 22.01(a)(1) against |
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another person or persons whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code. |
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(b) If the jury is the trier of fact, members of the jury are |
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not required to agree unanimously on the specific conduct in which |
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the defendant engaged that constituted an offense under Section |
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22.01(a)(1) against the person or persons described by Subsection |
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(a) or the exact date when that conduct occurred. The jury must |
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agree unanimously that the defendant, during a period that is 12 |
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months or less in duration, two or more times engaged in conduct |
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that constituted an offense under Section 22.01(a)(1) against the |
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person or persons described by Subsection (a). |
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(c) A defendant may not be convicted in the same criminal |
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action of another offense the victim of which is an alleged victim |
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of the offense under Subsection (a) and an element of which is any |
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conduct that is alleged as an element of the offense under |
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Subsection (a) unless the other offense: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(d) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the specific conduct that is alleged |
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to have been engaged in is alleged to have been committed against a |
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single victim or members of the same household, as defined by |
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Section 71.005, Family Code. |
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(e) An offense under this section is a felony of the third |
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degree. |
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SECTION 2. Section 22.01(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, [or] 21.11, or |
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25.11 against a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code; |
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(3) a person who contracts with government to perform |
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a service in a facility as defined by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; or |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2240 was passed by the House on May 7, |
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2009, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2240 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2240 on May 31, 2009, by the following vote: Yeas 142, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2240 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2240 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |