Texas 2011 - 82nd Regular

Texas House Bill HB1723 Compare Versions

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1	1	82R6252 JSC-D
2	2	By: Lucio III H.B. No. 1723
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties prescribed for a single violation or
8	8	repeated violations of certain court orders or conditions of bond
9	9	in a family violence case.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 25.07, Penal Code, is amended by
12	12	amending Subsection (g) and adding Subsection (h) to read as
13	13	follows:
14	14	(g) Except as provided by Subsection (h), an [An] offense
15	15	under this section is a Class A misdemeanor.
16	16	(h) An offense under this section is a felony of the third
17	17	degree if [unless] it is shown on the trial of the offense that the
18	18	defendant:
19	19	(1) has previously been convicted under this section
20	20	two or more times; or
21	21	(2) has violated the order or condition of bond by
22	22	committing:
23	23	(A) an assault;
24	24	(B) [or] the offense of stalking; or
25	25	(C) an offense under Section 30.02, if the
26	26	defendant entered the habitation of a protected individual[, in
27	27	which event the offense is a third degree felony].
28	28	SECTION 2. Chapter 25, Penal Code, is amended by adding
29	29	Section 25.072 to read as follows:
30	30	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
31	31	CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (a) A person commits
32	32	an offense if, during a period that is 12 months or less in
33	33	duration, the person two or more times engages in conduct that
34	34	constitutes an offense under Section 25.07 against another person
35	35	or persons who are protected individuals under the terms of the
36	36	court's order.
37	37	(b) If the jury is the trier of fact, members of the jury are
38	38	not required to agree unanimously on the specific conduct in which
39	39	the defendant engaged that constituted an offense under Section
40	40	25.07 against the person or persons described by Subsection (a) or
41	41	the exact date when that conduct occurred. The jury must agree
42	42	unanimously that the defendant, during a period that is 12 months or
43	43	less in duration, two or more times engaged in conduct that
44	44	constituted an offense under Section 25.07 against the person or
45	45	persons described by Subsection (a).
46	46	(c) A defendant may not be convicted in the same criminal
47	47	action of another offense the victim of which is an alleged victim
48	48	of the offense under Subsection (a) and an element of which is any
49	49	conduct that is alleged as an element of the offense under
50	50	Subsection (a) unless the other offense:
51	51	(1) is charged in the alternative;
52	52	(2) occurred outside the period in which the offense
53	53	alleged under Subsection (a) was committed; or
54	54	(3) is considered by the trier of fact to be a lesser
55	55	included offense of the offense alleged under Subsection (a).
56	56	(d) A defendant may not be charged with more than one count
57	57	under Subsection (a) if all of the specific conduct that is alleged
58	58	to have been engaged in is alleged to have been committed in
59	59	violation of a single court order.
60	60	(e) An offense under this section is a felony of the third
61	61	degree.
62	62	SECTION 3. The change in law made by this Act applies only
63	63	to an offense committed on or after the effective date of this Act.
64	64	An offense committed before the effective date of this Act is
65	65	governed by the law in effect on the date the offense was committed,
66	66	and the former law is continued in effect for that purpose. For
67	67	purposes of this section, an offense was committed before the
68	68	effective date of this Act if any element of the offense occurred
69	69	before that date.
70	70	SECTION 4. This Act takes effect September 1, 2011.