Texas 2013 - 83rd Regular

Texas House Bill HB1848 Compare Versions

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1	1	83R18485 GCB-F
2	2	By: Carter H.B. No. 1848
3	3	Substitute the following for H.B. No. 1848:
4	4	By: Gooden C.S.H.B. No. 1848
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain conditions of, penalties for violating, and
10	10	collection of information about protective orders issued in certain
11	11	family violence, sexual assault or abuse, stalking, or trafficking
12	12	cases.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Chapter 7A, Code of Criminal
15	15	Procedure, is amended to read as follows:
16	16	CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
17	17	OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
18	18	SECTION 2. Article 7A.05(a), Code of Criminal Procedure, is
19	19	amended to read as follows:
20	20	(a) In a protective order issued under this chapter, the
21	21	court may:
22	22	(1) order the alleged offender to take action as
23	23	specified by the court that the court determines is necessary or
24	24	appropriate to prevent or reduce the likelihood of future harm to
25	25	the applicant or a member of the applicant's family or household; or
26	26	(2) prohibit the alleged offender from:
27	27	(A) communicating:
28	28	(i) directly or indirectly with the
29	29	applicant or any member of the applicant's family or household in a
30	30	threatening or harassing manner; or
31	31	(ii) in any manner with the applicant or any
32	32	member of the applicant's family or household except through the
33	33	applicant's attorney or a person appointed by the court, if the
34	34	court finds good cause for the prohibition;
35	35	(B) going to or near the residence, place of
36	36	employment or business, or child-care facility or school of the
37	37	applicant or any member of the applicant's family or household;
38	38	(C) engaging in conduct directed specifically
39	39	toward the applicant or any member of the applicant's family or
40	40	household, including following the person, that is reasonably
41	41	likely to harass, annoy, alarm, abuse, torment, or embarrass the
42	42	person; and
43	43	(D) possessing a firearm, unless the alleged
44	44	offender is a peace officer, as defined by Section 1.07, Penal Code,
45	45	actively engaged in employment as a sworn, full-time paid employee
46	46	of a state agency or political subdivision.
47	47	SECTION 3. Sections 411.042(b) and (g), Government Code,
48	48	are amended to read as follows:
49	49	(b) The bureau of identification and records shall:
50	50	(1) procure and file for record photographs, pictures,
51	51	descriptions, fingerprints, measurements, and other pertinent
52	52	information of all persons arrested for or charged with a criminal
53	53	offense or convicted of a criminal offense, regardless of whether
54	54	the conviction is probated;
55	55	(2) collect information concerning the number and
56	56	nature of offenses reported or known to have been committed in the
57	57	state and the legal steps taken in connection with the offenses, and
58	58	other information useful in the study of crime and the
59	59	administration of justice, including information that enables the
60	60	bureau to create a statistical breakdown of:
61	61	(A) offenses in which family violence was
62	62	involved;
63	63	(B) offenses under Sections 22.011 and 22.021,
64	64	Penal Code; and
65	65	(C) offenses under Sections 20A.02 and 43.05,
66	66	Penal Code;
67	67	(3) make ballistic tests of bullets and firearms and
68	68	chemical analyses of bloodstains, cloth, materials, and other
69	69	substances for law enforcement officers of the state;
70	70	(4) cooperate with identification and crime records
71	71	bureaus in other states and the United States Department of
72	72	Justice;
73	73	(5) maintain a list of all previous background checks
74	74	for applicants for any position regulated under Chapter 1702,
75	75	Occupations Code, who have undergone a criminal history background
76	76	check under Section 411.119, if the check indicates a Class B
77	77	misdemeanor or equivalent offense or a greater offense;
78	78	(6) collect information concerning the number and
79	79	nature of protective orders and all other pertinent information
80	80	about all persons on active protective orders, including pertinent
81	81	information about persons subject to conditions of bond imposed for
82	82	the protection of the victim in any family violence, sexual assault
83	83	or abuse, or stalking case. Information in the law enforcement
84	84	information system relating to an active protective order shall
85	85	include:
86	86	(A) the name, sex, race, date of birth, personal
87	87	descriptors, address, and county of residence of the person to whom
88	88	the order is directed;
89	89	(B) any known identifying number of the person to
90	90	whom the order is directed, including the person's social security
91	91	number or driver's license number;
92	92	(C) the name and county of residence of the
93	93	person protected by the order;
94	94	(D) the residence address and place of employment
95	95	or business of the person protected by the order, unless that
96	96	information is excluded from the order under Section 85.007, Family
97	97	Code;
98	98	(E) the child-care facility or school where a
99	99	child protected by the order normally resides or which the child
100	100	normally attends, unless that information is excluded from the
101	101	order under Section 85.007, Family Code;
102	102	(F) the relationship or former relationship
103	103	between the person who is protected by the order and the person to
104	104	whom the order is directed; [and]
105	105	(G) the conditions of bond imposed on the person
106	106	to whom the order is directed, if any, for the protection of a
107	107	victim in any family violence, sexual assault or abuse, or stalking
108	108	case; and
109	109	(H) the date the order expires;
110	110	(7) grant access to criminal history record
111	111	information in the manner authorized under Subchapter F;
112	112	(8) collect and disseminate information regarding
113	113	offenders with mental impairments in compliance with Chapter 614,
114	114	Health and Safety Code; and
115	115	(9) record data and maintain a state database for a
116	116	computerized criminal history record system and computerized
117	117	juvenile justice information system that serves:
118	118	(A) as the record creation point for criminal
119	119	history record information and juvenile justice information
120	120	maintained by the state; and
121	121	(B) as the control terminal for the entry of
122	122	records, in accordance with federal law and regulations, federal
123	123	executive orders, and federal policy, into the federal database
124	124	maintained by the Federal Bureau of Investigation.
125	125	(g) The department may adopt reasonable rules under this
126	126	section relating to:
127	127	(1) law enforcement information systems maintained by
128	128	the department;
129	129	(2) the collection, maintenance, and correction of
130	130	records;
131	131	(3) reports of criminal history information submitted
132	132	to the department;
133	133	(4) active protective orders [issued under Title 4,
134	134	Family Code,] and reporting procedures that ensure that information
135	135	relating to the issuance and dismissal of an active protective
136	136	order [and to the dismissal of an active protective order] is
137	137	reported to the local law enforcement agency at the time of the
138	138	order's issuance or dismissal and entered by the local law
139	139	enforcement agency in the state's law enforcement information
140	140	system;
141	141	(5) the collection of information described by
142	142	Subsection (h); [and]
143	143	(6) a system for providing criminal history record
144	144	information through the criminal history clearinghouse under
145	145	Section 411.0845; and
146	146	(7) active conditions of bond imposed on a defendant
147	147	for the protection of a victim in any family violence, sexual
148	148	assault or abuse, or stalking case, and reporting procedures that
149	149	ensure that information relating to the issuance, modification, or
150	150	removal of the conditions of bond is reported to the local law
151	151	enforcement agency at the time of the issuance, modification, or
152	152	removal and entered by the local law enforcement agency in the
153	153	state's law enforcement information system.
154	154	SECTION 4. The heading to Section 25.07, Penal Code, is
155	155	amended to read as follows:
156	156	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
157	157	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, OR STALKING
158	158	CASE.
159	159	SECTION 5. Section 25.07(a), Penal Code, is amended to read
160	160	as follows:
161	161	(a) A person commits an offense if, in violation of a
162	162	condition of bond set in a family violence, sexual assault or abuse,
163	163	or stalking case and related to the safety of a [the] victim or the
164	164	safety of the community, an order issued under Article 17.292, Code
165	165	of Criminal Procedure, an order issued under Section 6.504, Family
166	166	Code, Chapter 83, Family Code, if the temporary ex parte order has
167	167	been served on the person, or Chapter 85, Family Code, or an order
168	168	issued by another jurisdiction as provided by Chapter 88, Family
169	169	Code, the person knowingly or intentionally:
170	170	(1) commits family violence or an act in furtherance
171	171	of an offense under Section 22.011, 22.021, or 42.072;
172	172	(2) communicates:
173	173	(A) directly with a protected individual or a
174	174	member of the family or household in a threatening or harassing
175	175	manner;
176	176	(B) a threat through any person to a protected
177	177	individual or a member of the family or household; or
178	178	(C) in any manner with the protected individual
179	179	or a member of the family or household except through the person's
180	180	attorney or a person appointed by the court, if the violation is of
181	181	an order described by this subsection and the order prohibits any
182	182	communication with a protected individual or a member of the family
183	183	or household;
184	184	(3) goes to or near any of the following places as
185	185	specifically described in the order or condition of bond:
186	186	(A) the residence or place of employment or
187	187	business of a protected individual or a member of the family or
188	188	household; or
189	189	(B) any child care facility, residence, or school
190	190	where a child protected by the order or condition of bond normally
191	191	resides or attends;
192	192	(4) possesses a firearm; or
193	193	(5) harms, threatens, or interferes with the care,
194	194	custody, or control of a pet, companion animal, or assistance
195	195	animal that is possessed by a person protected by the order.
196	196	SECTION 6. Section 25.07(b), Penal Code, is amended by
197	197	adding Subdivisions (4), (5), and (6) to read as follows:
198	198	(4) "Sexual abuse" means any act as described by
199	199	Section 21.02 or 21.11.
200	200	(5) "Sexual assault" means any act as described by
201	201	Section 22.011 or 22.021.
202	202	(6) "Stalking" means any conduct that constitutes an
203	203	offense under Section 42.072.
204	204	SECTION 7. The heading to Section 38.112, Penal Code, is
205	205	amended to read as follows:
206	206	Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
207	207	OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
208	208	SECTION 8. Section 38.112(a), Penal Code, is amended to
209	209	read as follows:
210	210	(a) A person commits an offense if, in violation of an order
211	211	issued under Chapter 7A, Code of Criminal Procedure, the person
212	212	knowingly:
213	213	(1) communicates:
214	214	(A) directly or indirectly with the applicant or
215	215	any member of the applicant's family or household in a threatening
216	216	or harassing manner; or
217	217	(B) in any manner with the applicant or any
218	218	member of the applicant's family or household except through the
219	219	applicant's attorney or a person appointed by the court;
220	220	(2) goes to or near the residence, place of employment
221	221	or business, or child-care facility or school of the applicant or
222	222	any member of the applicant's family or household; or
223	223	(3) possesses a firearm.
224	224	SECTION 9. The changes in law made by this Act in amending
225	225	Sections 25.07 and 38.112, Penal Code, apply only to an offense
226	226	committed on or after the effective date of this Act. An offense
227	227	committed before the effective date of this Act is governed by the
228	228	law in effect on the date the offense was committed, and the former
229	229	law is continued in effect for that purpose. For purposes of this
230	230	subsection, an offense was committed before the effective date of
231	231	this Act if any element of the offense occurred before that date.
232	232	SECTION 10. This Act takes effect September 1, 2013.