|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of the offenses of harassment and |
|
stalking. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 42.07(a), Penal Code, is amended to read |
|
as follows: |
|
(a) A person commits an offense if, with intent to harass, |
|
[annoy, alarm,] abuse, or torment [, or embarrass] another, the |
|
person [he]: |
|
(1) initiates communication [by telephone, in
|
|
writing, or by electronic communication] and in the course of the |
|
communication makes a comment, request, suggestion, or proposal |
|
that is obscene; |
|
(2) threatens, [by telephone, in writing, or by
|
|
electronic communication,] in a manner reasonably likely to alarm |
|
the person receiving the threat, to inflict bodily injury on the |
|
person or to commit a felony against the person, a member of the |
|
person's [his] family or household, or the person's [his] property; |
|
(3) conveys, in a manner reasonably likely to alarm |
|
the person receiving the report, a false report, which is known by |
|
the conveyor to be false, that another person has suffered death or |
|
serious bodily injury; |
|
(4) causes the telephone of another to ring repeatedly |
|
or makes repeated telephone communications anonymously or in a |
|
manner reasonably likely to harass, [annoy, alarm,] abuse, or |
|
torment [, embarrass, or offend] another; |
|
(5) makes a telephone call and intentionally fails to |
|
hang up or disengage the connection; |
|
(6) knowingly permits a telephone under the person's |
|
control to be used by another to commit an offense under this |
|
section; or |
|
(7) sends repeated electronic communications in a |
|
manner reasonably likely to harass, [annoy, alarm,] abuse, or |
|
torment [, embarrass, or offend] another. |
|
SECTION 2. Section 42.072(a), Penal Code, is amended to |
|
read as follows: |
|
(a) A person commits an offense if the person, on more than |
|
one occasion and pursuant to the same scheme or course of conduct |
|
that is directed specifically at another person, knowingly engages |
|
in conduct that: |
|
(1) constitutes an offense under Section 42.07, or |
|
that the actor knows or reasonably should know [believes] the other |
|
person will regard as threatening: |
|
(A) bodily injury or death for the other person; |
|
(B) bodily injury or death for a member of the |
|
other person's family or household or for an individual with whom |
|
the other person has a dating relationship; or |
|
(C) that an offense will be committed against the |
|
other person's property; |
|
(2) causes the other person, a member of the other |
|
person's family or household, or an individual with whom the other |
|
person has a dating relationship to be placed in fear of bodily |
|
injury or death or in fear that an offense will be committed against |
|
the other person's property, or to feel harassed, abused, or |
|
tormented; and |
|
(3) would cause a reasonable person to [fear]: |
|
(A) fear bodily injury or death for himself or |
|
herself; |
|
(B) fear bodily injury or death for a member of |
|
the person's family or household or for an individual with whom the |
|
person has a dating relationship; [or] |
|
(C) fear that an offense will be committed |
|
against the person's property; or |
|
(D) feel harassed, abused, or tormented. |
|
SECTION 3. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 4. This Act takes effect September 1, 2013. |