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A BILL TO BE ENTITLED
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AN ACT
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relating to violation of certain protective orders or conditions of |
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bond; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, in violation of a |
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condition of bond set in a family violence case and related to the |
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safety of the victim or the safety of the community, an order issued |
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under Article 17.292, Code of Criminal Procedure, an order issued |
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under Section 6.504, Family Code, Chapter 83, Family Code, if the |
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temporary ex parte order has been served on the person, or Chapter |
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85, Family Code, or an order issued by another jurisdiction as |
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provided by Chapter 88, Family Code, the person knowingly or |
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intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 22.011, 22.021, or 42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the violation is of |
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an order described by this subsection and the order prohibits any |
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communication with a protected individual or a member of the family |
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or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order or condition of bond: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order or condition of bond normally |
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resides or attends; |
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(4) possesses a firearm; [or] |
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(5) harms, threatens, or interferes with the care, |
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custody, or control of a pet, companion animal, or assistance |
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animal that is possessed by a person protected by the order; or |
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(6) goes near a protected individual or a member of the |
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family or household of a protected individual. |
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SECTION 2. Section 25.071(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, in violation of an order |
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issued under Article 6.08, Code of Criminal Procedure, the person |
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knowingly or intentionally: |
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(1) commits an offense under Title 5 or Section 28.02, |
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28.03, or 28.08 and commits the offense because of bias or prejudice |
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as described by Article 42.014, Code of Criminal Procedure; |
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(2) communicates: |
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(A) directly with a protected individual in a |
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threatening or harassing manner; |
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(B) a threat through any person to a protected |
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individual; or |
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(C) in any manner with the protected individual, |
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if the order prohibits any communication with a protected |
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individual; [or] |
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(3) goes to or near the residence or place of |
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employment or business of a protected individual; or |
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(4) goes near a protected individual or a member of the |
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family or household of a protected individual. |
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SECTION 3. Section 38.112(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, in violation of an order |
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issued under Chapter 7A, Code of Criminal Procedure, the person |
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knowingly: |
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(1) communicates directly or indirectly with the |
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applicant or any member of the applicant's family or household in a |
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threatening or harassing manner; |
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(2) goes to or near the residence, place of employment |
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or business, or child-care facility or school of the applicant or |
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any member of the applicant's family or household; [or] |
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(3) possesses a firearm; or |
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(4) goes near the applicant or a member of the family |
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or household of the applicant. |
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SECTION 4. Article 17.152(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) A person who commits an offense under Section |
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25.07(a)(3) or (6), Penal Code, may be held without bail under |
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Subsection (b) or (c), as applicable, only if following a hearing |
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the judge or magistrate determines by a preponderance of the |
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evidence that the person went to or near the place described in the |
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order or condition of bond or went near a protected individual or a |
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member of the family or household of a protected individual with the |
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intent to commit or threaten to commit: |
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(1) family violence; or |
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(2) an act in furtherance of an offense under Section |
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42.072, Penal Code. |
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SECTION 5. This Act takes effect September 1, 2013. |