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