By: Nelson S.B. No. 82
(Gallego, Hartnett, Rodriguez)
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. Section 42.072, Penal Code, is amended to read as
follows:
Sec. 42.072. STALKING. (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
another person, knowingly engages in conduct[, including following
the other person,] that:
(1) the actor knows or reasonably believes the other
person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the
other person's family or household or for an individual with whom
the other person has a dating relationship; or
(C) that an offense will be committed against the
other person's property;
(2) causes the other person, [or] a member of the other
person's family or household, or an individual with whom the other
person has a dating relationship to be placed in fear of bodily
injury or death or fear that an offense will be committed against
the other person's property; and
(3) would cause a reasonable person to fear:
(A) bodily injury or death for himself or
herself;
(B) 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; or
(C) that an offense will be committed against the
person's property.
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor has previously been convicted of an offense under this
section or of an offense under any of the following laws that
contains elements that are substantially similar to the elements of
an offense under this section:
(1) the laws of another state;
(2) the laws of a federally recognized Indian tribe;
(3) the laws of a territory of the United States; or
(4) federal law.
(c) For purposes of this section, a trier of fact may find
that different types of conduct described by Subsection (a), if
engaged in on more than one occasion, constitute conduct that is
engaged in pursuant to the same scheme or course of conduct.
(d) In this section, "dating relationship," "family,"
"household," and "member of a household" have the meanings assigned
by Chapter 71, Family Code.
SECTION 2. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.36 to read as follows:
Art. 13.36. STALKING. The offense of stalking may be
prosecuted in any county in which an element of the offense
occurred.
SECTION 3. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.46 to read as follows:
Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING. (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 to experience a fear described by Section 42.072(a)(3)(A),
(B), or (C), Penal Code, including 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.
(b) This article does not permit the presentation of
character evidence that would otherwise be inadmissible under the
Texas Rules of Evidence or other applicable law.
SECTION 4. 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
covered by the law in effect when 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 5. This Act takes effect September 1, 2011.