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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of stalking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.46(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) In a prosecution for stalking, each party may offer |
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testimony as to all relevant facts and circumstances that would aid |
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the trier of fact in determining whether the actor's conduct would |
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cause a reasonable person in circumstances similar to the |
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circumstances of the alleged victim to experience a fear described |
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by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including: |
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(1) the facts and circumstances surrounding any |
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existing or previous relationship between the actor and the alleged |
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victim, a member of the alleged victim's family or household, or an |
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individual with whom the alleged victim has a dating relationship; |
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and |
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(2) if a prosecution for stalking involves family |
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violence, as defined by Section 71.004, Family Code, and the |
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actor's previous conduct constituting family violence was known to |
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the victim, the actor's previous conduct constituting family |
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violence. |
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SECTION 2. Section 42.072(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person, on more than |
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one occasion and pursuant to the same scheme or course of conduct |
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that is directed [specifically] at a specific other [another] |
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person, knowingly engages in conduct that: |
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(1) constitutes an offense under Section 42.07, or |
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that the actor knows or reasonably should know the other person will |
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regard as threatening: |
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(A) bodily injury or death for the other person; |
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or |
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(B) that an offense will be committed against: |
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(i) [bodily injury or death for] a member of |
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the other person's family or household; [or] |
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(ii) [for] an individual with whom the |
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other person has a dating relationship; or |
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(iii) [(C) that an offense will be |
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committed against] the other person's property; |
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(2) causes the other person, a member of the other |
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person's family or household, or an individual with whom the other |
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person has a dating relationship: |
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(A) to be placed in fear of bodily injury or death |
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or in fear that an offense will be committed against the other |
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person, a member of the other person's family or household, or an |
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individual with whom the other person has a dating relationship, or |
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the other person's property;[,] or |
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(B) to feel harassed, terrified, intimidated, |
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annoyed, alarmed, abused, tormented, embarrassed, or offended; and |
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(3) would cause a reasonable person under |
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circumstances similar to the circumstances of the other person to: |
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(A) fear bodily injury or death for the person |
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[himself or herself]; |
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(B) fear that an offense will be committed |
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against [bodily injury or death for] a member of the person's family |
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or household or [for] an individual with whom the person has a |
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dating relationship; |
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(C) fear that an offense will be committed |
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against the person's property; or |
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(D) feel harassed, terrified, intimidated, |
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annoyed, alarmed, abused, tormented, embarrassed, or offended. |
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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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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 4. This Act takes effect September 1, 2023. |