Texas 2013 - 83rd Regular

Texas House Bill HB2172 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Lucio III, Villalba H.B. No. 2172
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the penalties prescribed for repeated violations of
7	7	certain court orders or conditions of bond in a family violence
8	8	case.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 25, Penal Code, is amended by adding
11	11	Section 25.072 to read as follows:
12	12	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
13	13	CONDITIONS OF BOND IN FAMILY VIOLENCE CASE. (a) A person commits
14	14	an offense if, during a period that is 12 months or less in
15	15	duration, the person two or more times engages in conduct that
16	16	constitutes an offense under Section 25.07.
17	17	(b) If the jury is the trier of fact, members of the jury are
18	18	not required to agree unanimously on the specific conduct in which
19	19	the defendant engaged that constituted an offense under Section
20	20	25.07 or on the exact date when that conduct occurred. The jury
21	21	must agree unanimously that the defendant, during a period that is
22	22	12 months or less in duration, two or more times engaged in conduct
23	23	that constituted an offense under Section 25.07.
24	24	(c) A defendant may not be convicted in the same criminal
25	25	action of another offense an element of which is any conduct that is
26	26	alleged as an element of the offense under Subsection (a) unless the
27	27	other offense:
28	28	(1) is charged in the alternative;
29	29	(2) occurred outside the period in which the offense
30	30	alleged under Subsection (a) was committed; or
31	31	(3) is considered by the trier of fact to be a lesser
32	32	included offense of the offense alleged under Subsection (a).
33	33	(d) A defendant may not be charged with more than one count
34	34	under Subsection (a) if all of the specific conduct that is alleged
35	35	to have been engaged in is alleged to have been committed in
36	36	violation of a single court order or single setting of bond.
37	37	(e) An offense under this section is a felony of the third
38	38	degree.
39	39	SECTION 2. Section 25.07(g), Penal Code, is amended to read
40	40	as follows:
41	41	(g) An offense under this section is a Class A misdemeanor,
42	42	except the offense is a felony of the third degree if [unless] it is
43	43	shown on the trial of the offense that the defendant:
44	44	(1) has previously been convicted two or more times of
45	45	an offense under this section or two or more times of an offense
46	46	under Section 25.072, or has previously been convicted of an
47	47	offense under this section and an offense under Section 25.072;
48	48	[two or more times] or
49	49	(2) has violated the order or condition of bond by
50	50	committing an assault or the offense of stalking[, in which event
51	51	the offense is a third degree felony].
52	52	SECTION 3. Article 5.07, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES. The venue
55	55	for an offense under Section 25.07 or 25.072, Penal Code, is in the
56	56	county in which the order was issued or, without regard to the
57	57	identity or location of the court that issued the protective order,
58	58	in the county in which the offense was committed.
59	59	SECTION 4. Section 25.0172(c-1), Government Code, is
60	60	amended to read as follows:
61	61	(c-1) The County Court at Law No. 13 of Bexar County, Texas,
62	62	shall give preference to cases prosecuted under:
63	63	(1) Section 22.01, Penal Code, in which the victim is a
64	64	person whose relationship to or association with the defendant is
65	65	described by Chapter 71, Family Code; and
66	66	(2) Section 25.07 or 25.072, Penal Code.
67	67	SECTION 5. Section 25.2223(l), Government Code, is amended
68	68	to read as follows:
69	69	(l) The County Criminal Court No. 5 of Tarrant County shall
70	70	give preference to cases brought under Title 5, Penal Code,
71	71	involving family violence as defined by Section 71.004, Family
72	72	Code, and cases brought under Sections 25.07, 25.072, and 42.072,
73	73	Penal Code.
74	74	SECTION 6. Section 411.081(e), Government Code, is amended
75	75	to read as follows:
76	76	(e) A person is entitled to petition the court under
77	77	Subsection (d) only if during the period of the deferred
78	78	adjudication community supervision for which the order of
79	79	nondisclosure is requested and during the applicable period
80	80	described by Subsection (d)(1), (2), or (3), as appropriate, the
81	81	person is not convicted of or placed on deferred adjudication
82	82	community supervision under Section 5, Article 42.12, Code of
83	83	Criminal Procedure, for any offense other than an offense under the
84	84	Transportation Code punishable by fine only. A person is not
85	85	entitled to petition the court under Subsection (d) if the person
86	86	was placed on the deferred adjudication community supervision for
87	87	or has been previously convicted or placed on any other deferred
88	88	adjudication for:
89	89	(1) an offense requiring registration as a sex
90	90	offender under Chapter 62, Code of Criminal Procedure;
91	91	(2) an offense under Section 20.04, Penal Code,
92	92	regardless of whether the offense is a reportable conviction or
93	93	adjudication for purposes of Chapter 62, Code of Criminal
94	94	Procedure;
95	95	(3) an offense under Section 19.02, 19.03, 22.04,
96	96	22.041, 25.07, 25.072, or 42.072, Penal Code; or
97	97	(4) any other offense involving family violence, as
98	98	defined by Section 71.004, Family Code.
99	99	SECTION 7. Section 411.1711, Government Code, is amended to
100	100	read as follows:
101	101	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
102	102	person is not convicted, as that term is defined by Section 411.171,
103	103	if an order of deferred adjudication was entered against the person
104	104	on a date not less than 10 years preceding the date of the person's
105	105	application for a license under this subchapter unless the order of
106	106	deferred adjudication was entered against the person for:
107	107	(1) a felony offense under:
108	108	(A) Title 5, Penal Code;
109	109	(B) Chapter 29, Penal Code;
110	110	(C) Section 25.07 or 25.072, Penal Code; or
111	111	(D) Section 30.02, Penal Code, if the offense is
112	112	punishable under Subsection (c)(2) or (d) of that section; or
113	113	(2) an offense under the laws of another state if the
114	114	offense contains elements that are substantially similar to the
115	115	elements of an offense listed in Subdivision (1).
116	116	SECTION 8. Section 301.4535(a), Occupations Code, is
117	117	amended to read as follows:
118	118	(a) The board shall suspend a nurse's license or refuse to
119	119	issue a license to an applicant on proof that the nurse or applicant
120	120	has been initially convicted of:
121	121	(1) murder under Section 19.02, Penal Code, capital
122	122	murder under Section 19.03, Penal Code, or manslaughter under
123	123	Section 19.04, Penal Code;
124	124	(2) kidnapping or unlawful restraint under Chapter 20,
125	125	Penal Code, and the offense was punished as a felony or state jail
126	126	felony;
127	127	(3) sexual assault under Section 22.011, Penal Code;
128	128	(4) aggravated sexual assault under Section 22.021,
129	129	Penal Code;
130	130	(5) continuous sexual abuse of young child or children
131	131	under Section 21.02, Penal Code, or indecency with a child under
132	132	Section 21.11, Penal Code;
133	133	(6) aggravated assault under Section 22.02, Penal
134	134	Code;
135	135	(7) intentionally, knowingly, or recklessly injuring
136	136	a child, elderly individual, or disabled individual under Section
137	137	22.04, Penal Code;
138	138	(8) intentionally, knowingly, or recklessly
139	139	abandoning or endangering a child under Section 22.041, Penal Code;
140	140	(9) aiding suicide under Section 22.08, Penal Code,
141	141	and the offense was punished as a state jail felony;
142	142	(10) an offense involving a violation of certain court
143	143	orders or conditions of bond under Section 25.07, 25.071, or
144	144	25.072, Penal Code, punished as a felony;
145	145	(11) [an offense under Section 25.071, Penal Code,
146	146	punished as a felony;
147	147	[(12)] an agreement to abduct a child from custody
148	148	under Section 25.031, Penal Code;
149	149	(12) [(13)] the sale or purchase of a child under
150	150	Section 25.08, Penal Code;
151	151	(13) [(14)] robbery under Section 29.02, Penal Code;
152	152	(14) [(15)] aggravated robbery under Section 29.03,
153	153	Penal Code;
154	154	(15) [(16)] an offense for which a defendant is
155	155	required to register as a sex offender under Chapter 62, Code of
156	156	Criminal Procedure; or
157	157	(16) [(17)] an offense under the law of another state,
158	158	federal law, or the Uniform Code of Military Justice that contains
159	159	elements that are substantially similar to the elements of an
160	160	offense listed in this subsection.
161	161	SECTION 9. The change in law made by this Act applies only
162	162	to an offense committed on or after the effective date of this Act.
163	163	An offense committed before the effective date of this Act is
164	164	governed by the law in effect on the date the offense was committed,
165	165	and the former law is continued in effect for that purpose. For
166	166	purposes of this section, an offense was committed before the
167	167	effective date of this Act if any element of the offense occurred
168	168	before that date.
169	169	SECTION 10. This Act takes effect September 1, 2013.