83R5513 JSC-F
By: Moody H.B. No. 1462
A BILL TO BE ENTITLED
AN ACT
relating to violation of certain protective orders or conditions of
bond; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.07(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence case and related to the
safety of the victim or the safety of the community, an order issued
under Article 17.292, Code of Criminal Procedure, an order issued
under Section 6.504, Family Code, Chapter 83, Family Code, if the
temporary ex parte order has been served on the person, or Chapter
85, Family Code, or an order issued by another jurisdiction as
provided by Chapter 88, Family Code, the person knowingly or
intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends;
(4) possesses a firearm; [or]
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order; or
(6) goes near a protected individual or a member of the
family or household of a protected individual.
SECTION 2. Section 25.071(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of an order
issued under Article 6.08, Code of Criminal Procedure, the person
knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02,
28.03, or 28.08 and commits the offense because of bias or prejudice
as described by Article 42.014, Code of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a
threatening or harassing manner;
(B) a threat through any person to a protected
individual; or
(C) in any manner with the protected individual,
if the order prohibits any communication with a protected
individual; [or]
(3) goes to or near the residence or place of
employment or business of a protected individual; or
(4) goes near a protected individual or a member of the
family or household of a protected individual.
SECTION 3. Section 38.112(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of an order
issued under Chapter 7A, Code of Criminal Procedure, the person
knowingly:
(1) communicates directly or indirectly with the
applicant or any member of the applicant's family or household in a
threatening or harassing manner;
(2) goes to or near the residence, place of employment
or business, or child-care facility or school of the applicant or
any member of the applicant's family or household; [or]
(3) possesses a firearm; or
(4) goes near the applicant or a member of the family
or household of the applicant.
SECTION 4. Article 17.152(d), Code of Criminal Procedure,
is amended to read as follows:
(d) A person who commits an offense under Section
25.07(a)(3) or (6), Penal Code, may be held without bail under
Subsection (b) or (c), as applicable, only if following a hearing
the judge or magistrate determines by a preponderance of the
evidence that the person went to or near the place described in the
order or condition of bond or went near a protected individual or a
member of the family or household of a protected individual with the
intent to commit or threaten to commit:
(1) family violence; or
(2) an act in furtherance of an offense under Section
42.072, Penal Code.
SECTION 5. This Act takes effect September 1, 2013.