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A BILL TO BE ENTITLED
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AN ACT
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relating to a mandatory term of confinement for certain offenses |
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involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14, Article 42.12, Code of Criminal |
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Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd |
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Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts |
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of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B. |
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1054), Acts of the 78th Legislature, Regular Session, 2003, and |
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Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended by adding Subsection (d) to read as |
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follows: |
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(d) If the court grants community supervision to a person |
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convicted of an offense involving family violence, as defined by |
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Section 71.004, Family Code, committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code, the court shall |
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require as a condition of community supervision that the defendant |
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submit to: |
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(1) not less than 72 hours of confinement in county |
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jail if the defendant is convicted of an offense under Section |
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22.01(a)(1) or 25.07, Penal Code; |
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(2) not less than five days of confinement in county |
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jail if the defendant is convicted of an offense under: |
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(A) Section 22.01(a)(1), Penal Code, if the |
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offense is punishable under Subsection (b)(2)(B) of that section; |
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(B) Section 25.07, Penal Code, if it is shown on |
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the trial of the offense that the defendant has previously been |
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convicted under that section two or more times; or |
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(C) Section 25.11, Penal Code; |
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(3) not less than 10 days of confinement in county jail |
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if the defendant is convicted of an offense under: |
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(A) Section 22.01(a)(1), Penal Code, if the |
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offense is punishable under Subsection (b-1) of that section; |
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(B) Section 22.02, Penal Code; |
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(C) Section 25.07, Penal Code, if it is shown on |
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the trial of the offense that the defendant has violated the order |
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or condition of bond by committing an assault or the offense of |
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stalking; or |
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(D) Section 25.11, Penal Code, if it is shown on |
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the trial of the offense that the defendant has been previously |
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convicted of an offense under Chapter 19, Chapter 22, or Section |
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20.03, 20.04, 21.11, or 25.11, Penal Code, against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; or |
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(4) not less than 30 days of confinement in county jail |
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if the defendant is convicted of an offense under Section 22.02, |
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Penal Code, punishable under Subsection (b)(1) of that section. |
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SECTION 2. Section 22.01, Penal Code, is amended by adding |
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Subsection (b-2) to read as follows: |
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(b-2) The minimum term of confinement for an offense under |
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Subsection (a)(1) punished as a Class A misdemeanor is 72 hours if |
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the offense is committed against a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code. |
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SECTION 3. Section 25.07(g), Penal Code, is amended to read |
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as follows: |
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(g) An offense under this section is a Class A misdemeanor |
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with a minimum term of confinement of 72 hours unless it is shown on |
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the trial of the offense that the defendant has previously been |
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convicted under this section two or more times or has violated the |
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order or condition of bond by committing an assault or the offense |
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of stalking, in which event the offense is a third degree felony. |
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SECTION 4. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |