Texas 2011 - 82nd Regular

Texas Senate Bill SB82 Compare Versions

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1	1	By: Nelson S.B. No. 82
2	2	(Gallego, Hartnett, Rodriguez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense of stalking.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 42.072, Penal Code, is amended to read as
10	10	follows:
11	11	Sec. 42.072. STALKING. (a) A person commits an offense if
12	12	the person, on more than one occasion and pursuant to the same
13	13	scheme or course of conduct that is directed specifically at
14	14	another person, knowingly engages in conduct[, including following
15	15	the other person,] that:
16	16	(1) the actor knows or reasonably believes the other
17	17	person will regard as threatening:
18	18	(A) bodily injury or death for the other person;
19	19	(B) bodily injury or death for a member of the
20	20	other person's family or household or for an individual with whom
21	21	the other person has a dating relationship; or
22	22	(C) that an offense will be committed against the
23	23	other person's property;
24	24	(2) causes the other person, [or] a member of the other
25	25	person's family or household, or an individual with whom the other
26	26	person has a dating relationship to be placed in fear of bodily
27	27	injury or death or fear that an offense will be committed against
28	28	the other person's property; and
29	29	(3) would cause a reasonable person to fear:
30	30	(A) bodily injury or death for himself or
31	31	herself;
32	32	(B) bodily injury or death for a member of the
33	33	person's family or household or for an individual with whom the
34	34	person has a dating relationship; or
35	35	(C) that an offense will be committed against the
36	36	person's property.
37	37	(b) An offense under this section is a felony of the third
38	38	degree, except that the offense is a felony of the second degree if
39	39	the actor has previously been convicted of an offense under this
40	40	section or of an offense under any of the following laws that
41	41	contains elements that are substantially similar to the elements of
42	42	an offense under this section:
43	43	(1) the laws of another state;
44	44	(2) the laws of a federally recognized Indian tribe;
45	45	(3) the laws of a territory of the United States; or
46	46	(4) federal law.
47	47	(c) For purposes of this section, a trier of fact may find
48	48	that different types of conduct described by Subsection (a), if
49	49	engaged in on more than one occasion, constitute conduct that is
50	50	engaged in pursuant to the same scheme or course of conduct.
51	51	(d) In this section, "dating relationship," "family,"
52	52	"household," and "member of a household" have the meanings assigned
53	53	by Chapter 71, Family Code.
54	54	SECTION 2. Chapter 13, Code of Criminal Procedure, is
55	55	amended by adding Article 13.36 to read as follows:
56	56	Art. 13.36. STALKING. The offense of stalking may be
57	57	prosecuted in any county in which an element of the offense
58	58	occurred.
59	59	SECTION 3. Chapter 38, Code of Criminal Procedure, is
60	60	amended by adding Article 38.46 to read as follows:
61	61	Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING. (a) In
62	62	a prosecution for stalking, each party may offer testimony as to all
63	63	relevant facts and circumstances that would aid the trier of fact in
64	64	determining whether the actor's conduct would cause a reasonable
65	65	person to experience a fear described by Section 42.072(a)(3)(A),
66	66	(B), or (C), Penal Code, including the facts and circumstances
67	67	surrounding any existing or previous relationship between the actor
68	68	and the alleged victim, a member of the alleged victim's family or
69	69	household, or an individual with whom the alleged victim has a
70	70	dating relationship.
71	71	(b) This article does not permit the presentation of
72	72	character evidence that would otherwise be inadmissible under the
73	73	Texas Rules of Evidence or other applicable law.
74	74	SECTION 4. The change in law made by this Act applies only
75	75	to an offense committed on or after the effective date of this Act.
76	76	An offense committed before the effective date of this Act is
77	77	covered by the law in effect when the offense was committed, and the
78	78	former law is continued in effect for that purpose. For purposes of
79	79	this section, an offense was committed before the effective date of
80	80	this Act if any element of the offense occurred before that date.
81	81	SECTION 5. This Act takes effect September 1, 2011.