Texas 2025 - 89th Regular

Texas House Bill HB368

Filed
11/12/24  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition on remotely controlling electronic devices of certain individuals and to the criminal prosecution of that conduct.

Impact

Upon enactment, HB 368 will amend various sections of the Code of Criminal Procedure and the Family Code to enhance legal remedies available in protective orders. It prohibits individuals under court orders for family violence from tracking or monitoring personal property without consent and establishes consequences for violating these provisions. As such, the bill not only formalizes restrictions around technology use in abusive situations but also reinforces the legal framework surrounding the enforcement of protective orders, potentially providing victims with more robust protections.

Summary

House Bill 368 addresses the growing concern over the remote control of electronic devices, particularly in contexts involving family violence. It introduces provisions that explicitly prohibit individuals from remotely manipulating electronic devices that affect the residence, vehicle, or personal property of protected individuals. This bill aims to bolster protections for victims of domestic violence by ensuring that offenders cannot exert control over them through technology, which may exacerbate situations of abuse or stalking. The bill reflects an increasing recognition of the role that technology plays in domestic violence situations and attempts to close gaps in existing protective laws.

Sentiment

The sentiment surrounding House Bill 368 appears generally positive among advocates for victims of domestic violence and technology regulation. Many see it as a necessary response to modern challenges associated with technology-based abuse. However, some concerns have been raised regarding the breadth of these prohibitions and their practical enforcement. Critics worry that while the bill aims to protect, it may inadvertently complicate law enforcement processes or create challenges in determining consent, highlighting the balance that must be struck between empowering victims and ensuring due process.

Contention

Notably, the discussion around this bill has also spotlighted the challenges faced during the technological evolution of abuse. While the intention of HB 368 is to protect vulnerable individuals, the legislation brings forth debates about privacy rights and the implications of overregulation in personal technology usage. Key points of contention include the definition of consent for device control and the potential legal repercussions for individuals who may inadvertently violate the law. As such, the bill exemplifies a critical intersection of law, technology, and personal rights that will continue to evolve with advancements in the digital landscape.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 6. Suit For Dissolution Of Marriage
    • Section: 501
    • Section: 501
  • Chapter 85. Issuance Of Protective Order
    • Section: New Section
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 17. Bail
    • Section: 49
    • Section: 292
    • Section: 292
    • Section: 49
    • Section: 292
    • Section: 49
  • Chapter 7. Proceedings Before Magistrates To Prevent Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 25. Offenses Against The Family
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB1606

Relating to the prosecution of the offenses of harassment and stalking.

ND HB1134

Harassment of another.

TX HB1784

Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.

TN HB1314

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 8 and Title 39, Chapter 17, Part 3, relative to criminal offenses.

TN SB1296

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13, Part 8 and Title 39, Chapter 17, Part 3, relative to criminal offenses.