Texas 2013 - 83rd Regular

Texas Senate Bill SB743 Compare Versions

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1	1	By: Nelson S.B. No. 743
2	2	(Lucio III)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the penalties prescribed for repeated violations of
8	8	certain court orders or conditions of bond in a family violence
9	9	case.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 25, Penal Code, is amended by adding
12	12	Section 25.072 to read as follows:
13	13	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
14	14	CONDITIONS OF BOND IN FAMILY VIOLENCE CASE. (a) A person commits
15	15	an offense if, during a period that is 12 months or less in
16	16	duration, the person two or more times engages in conduct that
17	17	constitutes an offense under Section 25.07.
18	18	(b) If the jury is the trier of fact, members of the jury
19	19	must agree unanimously that the defendant, during a period that is
20	20	12 months or less in duration, two or more times engaged in conduct
21	21	that constituted an offense under Section 25.07.
22	22	(c) A defendant may not be convicted in the same criminal
23	23	action of another offense an element of which is any conduct that is
24	24	alleged as an element of the offense under Subsection (a) unless the
25	25	other offense:
26	26	(1) is charged in the alternative;
27	27	(2) occurred outside the period in which the offense
28	28	alleged under Subsection (a) was committed; or
29	29	(3) is considered by the trier of fact to be a lesser
30	30	included offense of the offense alleged under Subsection (a).
31	31	(d) A defendant may not be charged with more than one count
32	32	under Subsection (a) if all of the specific conduct that is alleged
33	33	to have been engaged in is alleged to have been committed in
34	34	violation of a single court order or single setting of bond.
35	35	(e) An offense under this section is a felony of the third
36	36	degree.
37	37	SECTION 2. Subsection (g), Section 25.07, Penal Code, is
38	38	amended to read as follows:
39	39	(g) An offense under this section is a Class A misdemeanor,
40	40	except the offense is a felony of the third degree if [unless] it is
41	41	shown on the trial of the offense that the defendant:
42	42	(1) has previously been convicted two or more times of
43	43	an offense under this section or two or more times of an offense
44	44	under Section 25.072, or has previously been convicted of an
45	45	offense under this section and an offense under Section 25.072;
46	46	[two or more times] or
47	47	(2) has violated the order or condition of bond by
48	48	committing an assault or the offense of stalking[, in which event
49	49	the offense is a third degree felony].
50	50	SECTION 3. Article 5.07, Code of Criminal Procedure, is
51	51	amended to read as follows:
52	52	Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES. The venue
53	53	for an offense under Section 25.07 or 25.072, Penal Code, is in the
54	54	county in which the order was issued or, without regard to the
55	55	identity or location of the court that issued the protective order,
56	56	in the county in which the offense was committed.
57	57	SECTION 4. Subsection (c-1), Section 25.0172, Government
58	58	Code, is amended to read as follows:
59	59	(c-1) The County Court at Law No. 13 of Bexar County, Texas,
60	60	shall give preference to cases prosecuted under:
61	61	(1) Section 22.01, Penal Code, in which the victim is a
62	62	person whose relationship to or association with the defendant is
63	63	described by Chapter 71, Family Code; and
64	64	(2) Section 25.07 or 25.072, Penal Code.
65	65	SECTION 5. Subsection (l), Section 25.2223, Government
66	66	Code, is amended to read as follows:
67	67	(l) The County Criminal Court No. 5 of Tarrant County shall
68	68	give preference to cases brought under Title 5, Penal Code,
69	69	involving family violence as defined by Section 71.004, Family
70	70	Code, and cases brought under Sections 25.07, 25.072, and 42.072,
71	71	Penal Code.
72	72	SECTION 6. Subsection (e), Section 411.081, Government
73	73	Code, is amended to read as follows:
74	74	(e) A person is entitled to petition the court under
75	75	Subsection (d) only if during the period of the deferred
76	76	adjudication community supervision for which the order of
77	77	nondisclosure is requested and during the applicable period
78	78	described by Subsection (d)(1), (2), or (3), as appropriate, the
79	79	person is not convicted of or placed on deferred adjudication
80	80	community supervision under Section 5, Article 42.12, Code of
81	81	Criminal Procedure, for any offense other than an offense under the
82	82	Transportation Code punishable by fine only. A person is not
83	83	entitled to petition the court under Subsection (d) if the person
84	84	was placed on the deferred adjudication community supervision for
85	85	or has been previously convicted or placed on any other deferred
86	86	adjudication for:
87	87	(1) an offense requiring registration as a sex
88	88	offender under Chapter 62, Code of Criminal Procedure;
89	89	(2) an offense under Section 20.04, Penal Code,
90	90	regardless of whether the offense is a reportable conviction or
91	91	adjudication for purposes of Chapter 62, Code of Criminal
92	92	Procedure;
93	93	(3) an offense under Section 19.02, 19.03, 22.04,
94	94	22.041, 25.07, 25.072, or 42.072, Penal Code; or
95	95	(4) any other offense involving family violence, as
96	96	defined by Section 71.004, Family Code.
97	97	SECTION 7. Section 411.1711, Government Code, is amended to
98	98	read as follows:
99	99	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
100	100	person is not convicted, as that term is defined by Section 411.171,
101	101	if an order of deferred adjudication was entered against the person
102	102	on a date not less than 10 years preceding the date of the person's
103	103	application for a license under this subchapter unless the order of
104	104	deferred adjudication was entered against the person for:
105	105	(1) a felony offense under:
106	106	(A) Title 5, Penal Code;
107	107	(B) Chapter 29, Penal Code;
108	108	(C) Section 25.07 or 25.072, Penal Code; or
109	109	(D) Section 30.02, Penal Code, if the offense is
110	110	punishable under Subsection (c)(2) or (d) of that section; or
111	111	(2) an offense under the laws of another state if the
112	112	offense contains elements that are substantially similar to the
113	113	elements of an offense listed in Subdivision (1).
114	114	SECTION 8. Subsection (a), Section 301.4535, Occupations
115	115	Code, is amended to read as follows:
116	116	(a) The board shall suspend a nurse's license or refuse to
117	117	issue a license to an applicant on proof that the nurse or applicant
118	118	has been initially convicted of:
119	119	(1) murder under Section 19.02, Penal Code, capital
120	120	murder under Section 19.03, Penal Code, or manslaughter under
121	121	Section 19.04, Penal Code;
122	122	(2) kidnapping or unlawful restraint under Chapter 20,
123	123	Penal Code, and the offense was punished as a felony or state jail
124	124	felony;
125	125	(3) sexual assault under Section 22.011, Penal Code;
126	126	(4) aggravated sexual assault under Section 22.021,
127	127	Penal Code;
128	128	(5) continuous sexual abuse of young child or children
129	129	under Section 21.02, Penal Code, or indecency with a child under
130	130	Section 21.11, Penal Code;
131	131	(6) aggravated assault under Section 22.02, Penal
132	132	Code;
133	133	(7) intentionally, knowingly, or recklessly injuring
134	134	a child, elderly individual, or disabled individual under Section
135	135	22.04, Penal Code;
136	136	(8) intentionally, knowingly, or recklessly
137	137	abandoning or endangering a child under Section 22.041, Penal Code;
138	138	(9) aiding suicide under Section 22.08, Penal Code,
139	139	and the offense was punished as a state jail felony;
140	140	(10) an offense involving a violation of certain court
141	141	orders or conditions of bond under Section 25.07, 25.071, or
142	142	25.072, Penal Code, punished as a felony;
143	143	(11) [an offense under Section 25.071, Penal Code,
144	144	punished as a felony;
145	145	[(12)] an agreement to abduct a child from custody
146	146	under Section 25.031, Penal Code;
147	147	(12) [(13)] the sale or purchase of a child under
148	148	Section 25.08, Penal Code;
149	149	(13) [(14)] robbery under Section 29.02, Penal Code;
150	150	(14) [(15)] aggravated robbery under Section 29.03,
151	151	Penal Code;
152	152	(15) [(16)] an offense for which a defendant is
153	153	required to register as a sex offender under Chapter 62, Code of
154	154	Criminal Procedure; or
155	155	(16) [(17)] an offense under the law of another state,
156	156	federal law, or the Uniform Code of Military Justice that contains
157	157	elements that are substantially similar to the elements of an
158	158	offense listed in this subsection.
159	159	SECTION 9. The change in law made by this Act applies only
160	160	to an offense committed on or after the effective date of this Act.
161	161	An offense committed before the effective date of this Act is
162	162	governed by the law in effect on the date the offense was committed,
163	163	and the former law is continued in effect for that purpose. For
164	164	purposes of this section, an offense was committed before the
165	165	effective date of this Act if any element of the offense occurred
166	166	before that date.
167	167	SECTION 10. This Act takes effect September 1, 2013.