| 1 | 1 | | 83R3432 JSC-D |
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| 2 | 2 | | By: Lucio III, Villalba H.B. No. 1436 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a mandatory term of confinement for certain offenses |
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| 8 | 8 | | involving family violence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 14, Article 42.12, Code of Criminal |
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| 11 | 11 | | Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd |
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| 12 | 12 | | Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts |
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| 13 | 13 | | of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B. |
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| 14 | 14 | | 1054), Acts of the 78th Legislature, Regular Session, 2003, and |
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| 15 | 15 | | Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular |
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| 16 | 16 | | Session, 2007, is amended by adding Subsection (d) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (d) If the court grants community supervision to a person |
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| 19 | 19 | | convicted of an offense involving family violence, as defined by |
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| 20 | 20 | | Section 71.004, Family Code, committed against a person whose |
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| 21 | 21 | | relationship to or association with the defendant is described by |
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| 22 | 22 | | Section 71.0021(b), 71.003, or 71.005, Family Code, the court shall |
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| 23 | 23 | | require as a condition of community supervision that the defendant |
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| 24 | 24 | | submit to: |
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| 25 | 25 | | (1) not less than 72 hours of confinement in county |
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| 26 | 26 | | jail if the defendant is convicted of an offense under Section |
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| 27 | 27 | | 22.01(a)(1) or 25.07, Penal Code; |
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| 28 | 28 | | (2) not less than five days of confinement in county |
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| 29 | 29 | | jail if the defendant is convicted of an offense under: |
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| 30 | 30 | | (A) Section 22.01(a)(1), Penal Code, if the |
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| 31 | 31 | | offense is punishable under Subsection (b)(2)(B) of that section; |
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| 32 | 32 | | (B) Section 25.07, Penal Code, if it is shown on |
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| 33 | 33 | | the trial of the offense that the defendant has previously been |
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| 34 | 34 | | convicted under that section two or more times; or |
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| 35 | 35 | | (C) Section 25.11, Penal Code; |
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| 36 | 36 | | (3) not less than 10 days of confinement in county jail |
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| 37 | 37 | | if the defendant is convicted of an offense under: |
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| 38 | 38 | | (A) Section 22.01(a)(1), Penal Code, if the |
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| 39 | 39 | | offense is punishable under Subsection (b-1) of that section; |
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| 40 | 40 | | (B) Section 22.02, Penal Code; |
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| 41 | 41 | | (C) Section 25.07, Penal Code, if it is shown on |
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| 42 | 42 | | the trial of the offense that the defendant has violated the order |
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| 43 | 43 | | or condition of bond by committing an assault or the offense of |
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| 44 | 44 | | stalking; or |
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| 45 | 45 | | (D) Section 25.11, Penal Code, if it is shown on |
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| 46 | 46 | | the trial of the offense that the defendant has been previously |
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| 47 | 47 | | convicted of an offense under Chapter 19, Chapter 22, or Section |
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| 48 | 48 | | 20.03, 20.04, 21.11, or 25.11, Penal Code, against a person whose |
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| 49 | 49 | | relationship to or association with the defendant is described by |
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| 50 | 50 | | Section 71.0021(b), 71.003, or 71.005, Family Code; or |
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| 51 | 51 | | (4) not less than 30 days of confinement in county jail |
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| 52 | 52 | | if the defendant is convicted of an offense under Section 22.02, |
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| 53 | 53 | | Penal Code, punishable under Subsection (b)(1) of that section. |
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| 54 | 54 | | SECTION 2. Section 22.01, Penal Code, is amended by adding |
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| 55 | 55 | | Subsection (b-2) to read as follows: |
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| 56 | 56 | | (b-2) The minimum term of confinement for an offense under |
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| 57 | 57 | | Subsection (a)(1) punished as a Class A misdemeanor is 72 hours if |
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| 58 | 58 | | the offense is committed against a person whose relationship to or |
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| 59 | 59 | | association with the defendant is described by Section 71.0021(b), |
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| 60 | 60 | | 71.003, or 71.005, Family Code. |
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| 61 | 61 | | SECTION 3. Section 25.07(g), Penal Code, is amended to read |
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| 62 | 62 | | as follows: |
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| 63 | 63 | | (g) An offense under this section is a Class A misdemeanor |
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| 64 | 64 | | with a minimum term of confinement of 72 hours unless it is shown on |
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| 65 | 65 | | the trial of the offense that the defendant has previously been |
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| 66 | 66 | | convicted under this section two or more times or has violated the |
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| 67 | 67 | | order or condition of bond by committing an assault or the offense |
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| 68 | 68 | | of stalking, in which event the offense is a third degree felony. |
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| 69 | 69 | | SECTION 4. The change in law made by this Act applies only |
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| 70 | 70 | | to an offense committed on or after the effective date of this Act. |
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| 71 | 71 | | An offense committed before the effective date of this Act is |
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| 72 | 72 | | governed by the law in effect on the date the offense was committed, |
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| 73 | 73 | | and the former law is continued in effect for that purpose. For |
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| 74 | 74 | | purposes of this section, an offense was committed before the |
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| 75 | 75 | | effective date of this Act if any element of the offense occurred |
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| 76 | 76 | | before that date. |
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| 77 | 77 | | SECTION 5. This Act takes effect September 1, 2013. |
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