By: Carona S.B. No. 893
 
  (Carter)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain conditions of, penalties for violating, and
  collection of information about protective orders issued in certain
  family violence, sexual assault or abuse, stalking, or trafficking
  cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 7A, Code of Criminal
  Procedure, is amended to read as follows:
  CHAPTER 7A.  PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
  OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
         SECTION 2.  Subsection (a), Article 7A.05, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In a protective order issued under this chapter, the
  court may:
               (1)  order the alleged offender to take action as
  specified by the court that the court determines is necessary or
  appropriate to prevent or reduce the likelihood of future harm to
  the applicant or a member of the applicant's family or household; or
               (2)  prohibit the alleged offender from:
                     (A)  communicating:
                           (i)  directly or indirectly with the
  applicant or any member of the applicant's family or household in a
  threatening or harassing manner; or
                           (ii)  in any manner with the applicant or any
  member of the applicant's family or household except through the
  applicant's attorney or a person appointed by the court, if the
  court finds good cause for the prohibition;
                     (B)  going to or near the residence, place of
  employment or business, or child-care facility or school of the
  applicant or any member of the applicant's family or household;
                     (C)  engaging in conduct directed specifically
  toward the applicant or any member of the applicant's family or
  household, including following the person, that is reasonably
  likely to harass, annoy, alarm, abuse, torment, or embarrass the
  person; and
                     (D)  possessing a firearm, unless the alleged
  offender is a peace officer, as defined by Section 1.07, Penal Code,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision.
         SECTION 3.  Subsections (b) and (g), Section 411.042,
  Government Code, are amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02 and 43.05,
  Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and all other pertinent information
  about all persons on active protective orders, including pertinent
  information about persons subject to conditions of bond imposed for
  the protection of the victim in any family violence, sexual assault
  or abuse, or stalking case.  Information in the law enforcement
  information system relating to an active protective order shall
  include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed; [and]
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, or stalking
  case; and
                     (H)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         (g)  The department may adopt reasonable rules under this
  section relating to:
               (1)  law enforcement information systems maintained by
  the department;
               (2)  the collection, maintenance, and correction of
  records;
               (3)  reports of criminal history information submitted
  to the department;
               (4)  active protective orders [issued under Title 4,
  Family Code,] and reporting procedures that ensure that information
  relating to the issuance and dismissal of an active protective
  order [and to the dismissal of an active protective order] is
  reported to the local law enforcement agency at the time of the
  order's issuance or dismissal and entered by the local law
  enforcement agency in the state's law enforcement information
  system;
               (5)  the collection of information described by
  Subsection (h); [and]
               (6)  a system for providing criminal history record
  information through the criminal history clearinghouse under
  Section 411.0845; and
               (7)  active conditions of bond imposed on a defendant
  for the protection of a victim in any family violence, sexual
  assault or abuse, or stalking case, and reporting procedures that
  ensure that information relating to the issuance, modification, or
  removal of the conditions of bond is reported to the local law
  enforcement agency at the time of the issuance, modification, or
  removal and entered by the local law enforcement agency in the
  state's law enforcement information system.
         SECTION 4.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, OR STALKING
  CASE.
         SECTION 5.  Subsection (a), Section 25.07, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  or stalking case and related to the safety of a [the] victim or the
  safety of the community, an order issued under Article 17.292, Code
  of Criminal Procedure, an order issued under Section 6.504, Family
  Code, Chapter 83, Family Code, if the temporary ex parte order has
  been served on the person, or Chapter 85, Family Code, or an order
  issued by another jurisdiction as provided by Chapter 88, Family
  Code, the person knowingly or intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 22.011, 22.021, or 42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm; or
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order.
         SECTION 6.  Subsection (b), Section 25.07, Penal Code, is
  amended by adding Subdivisions (4), (5), and (6) to read as follows:
               (4)  "Sexual abuse" means any act as described by
  Section 21.02 or 21.11.
               (5)  "Sexual assault" means any act as described by
  Section 22.011 or 22.021.
               (6)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072.
         SECTION 7.  The heading to Section 38.112, Penal Code, is
  amended to read as follows:
         Sec. 38.112.  VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
  OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
         SECTION 8.  Subsection (a), Section 38.112, Penal Code, is
  amended to read as follows:
         (a)  A person commits an offense if, in violation of an order
  issued under Chapter 7A, Code of Criminal Procedure, the person
  knowingly:
               (1)  communicates:
                     (A)  directly or indirectly with the applicant or
  any member of the applicant's family or household in a threatening
  or harassing manner; or
                     (B)  in any manner with the applicant or any
  member of the applicant's family or household except through the
  applicant's attorney or a person appointed by the court;
               (2)  goes to or near the residence, place of employment
  or business, or child-care facility or school of the applicant or
  any member of the applicant's family or household; or
               (3)  possesses a firearm.
         SECTION 9.  The changes in law made by this Act in amending
  Sections 25.07 and 38.112, Penal Code, apply 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
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 10.  This Act takes effect September 1, 2013.