S.B. No. 893
AN ACT
relating to certain conditions of, penalties for violating, and
collection of information about protective orders issued in certain
family violence, sexual assault or abuse, stalking, or trafficking
cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 7A, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
SECTION 2. Subsection (a), Article 7A.05, Code of Criminal
Procedure, is amended to read as follows:
(a) In a protective order issued under this chapter, the
court may:
(1) order the alleged offender to take action as
specified by the court that the court determines is necessary or
appropriate to prevent or reduce the likelihood of future harm to
the applicant or a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating:
(i) directly or indirectly with the
applicant or any member of the applicant's family or household in a
threatening or harassing manner; or
(ii) in any manner with the applicant or any
member of the applicant's family or household except through the
applicant's attorney or a person appointed by the court, if the
court finds good cause for the prohibition;
(B) going 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;
(C) engaging in conduct directed specifically
toward the applicant or any member of the applicant's family or
household, including following the person, that is reasonably
likely to harass, annoy, alarm, abuse, torment, or embarrass the
person; and
(D) possessing a firearm, unless the alleged
offender is a peace officer, as defined by Section 1.07, Penal Code,
actively engaged in employment as a sworn, full-time paid employee
of a state agency or political subdivision.
SECTION 3. Subsections (b) and (g), Section 411.042,
Government Code, are amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02 and 43.05,
Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders, including pertinent
information about persons subject to conditions of bond imposed for
the protection of the victim in any family violence, sexual assault
or abuse, or stalking case. Information in the law enforcement
information system relating to an active protective order shall
include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; [and]
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, or stalking
case; and
(H) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
(g) The department may adopt reasonable rules under this
section relating to:
(1) law enforcement information systems maintained by
the department;
(2) the collection, maintenance, and correction of
records;
(3) reports of criminal history information submitted
to the department;
(4) active protective orders [issued under Title 4,
Family Code,] and reporting procedures that ensure that information
relating to the issuance and dismissal of an active protective
order [and to the dismissal of an active protective order] is
reported to the local law enforcement agency at the time of the
order's issuance or dismissal and entered by the local law
enforcement agency in the state's law enforcement information
system;
(5) the collection of information described by
Subsection (h); [and]
(6) a system for providing criminal history record
information through the criminal history clearinghouse under
Section 411.0845; and
(7) active conditions of bond imposed on a defendant
for the protection of a victim in any family violence, sexual
assault or abuse, or stalking case, and reporting procedures that
ensure that information relating to the issuance, modification, or
removal of the conditions of bond is reported, at the time of the
issuance, modification, or removal, to:
(A) the victim or, if the victim is deceased, a
close relative of the victim; and
(B) the local law enforcement agency for entry by
the local law enforcement agency in the state's law enforcement
information system.
SECTION 4. The heading to Section 25.07, Penal Code, is
amended to read as follows:
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, OR STALKING
CASE.
SECTION 5. Subsection (a), Section 25.07, 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, sexual assault or abuse,
or stalking case and related to the safety of a [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.
SECTION 6. Subsection (b), Section 25.07, Penal Code, is
amended by adding Subdivisions (4), (5), and (6) to read as follows:
(4) "Sexual abuse" means any act as described by
Section 21.02 or 21.11.
(5) "Sexual assault" means any act as described by
Section 22.011 or 22.021.
(6) "Stalking" means any conduct that constitutes an
offense under Section 42.072.
SECTION 7. The heading to Section 38.112, Penal Code, is
amended to read as follows:
Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
SECTION 8. Subsection (a), Section 38.112, 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:
(A) directly or indirectly with the applicant or
any member of the applicant's family or household in a threatening
or harassing manner; or
(B) in any manner with the applicant or any
member of the applicant's family or household except through the
applicant's attorney or a person appointed by the court;
(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.
SECTION 9. The changes in law made by this Act in amending
Sections 25.07 and 38.112, Penal Code, apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 10. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 893 passed the Senate on
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 22, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 893 passed the House, with
amendment, on May 17, 2013, by the following vote: Yeas 134,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor