Texas 2013 - 83rd Regular

Texas Senate Bill SB893 Compare Versions

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1	1	By: Carona S.B. No. 893
2	2	(Carter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain conditions of, penalties for violating, and
8	8	collection of information about protective orders issued in certain
9	9	family violence, sexual assault or abuse, stalking, or trafficking
10	10	cases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 7A, Code of Criminal
13	13	Procedure, is amended to read as follows:
14	14	CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
15	15	OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
16	16	SECTION 2. Subsection (a), Article 7A.05, Code of Criminal
17	17	Procedure, is amended to read as follows:
18	18	(a) In a protective order issued under this chapter, the
19	19	court may:
20	20	(1) order the alleged offender to take action as
21	21	specified by the court that the court determines is necessary or
22	22	appropriate to prevent or reduce the likelihood of future harm to
23	23	the applicant or a member of the applicant's family or household; or
24	24	(2) prohibit the alleged offender from:
25	25	(A) communicating:
26	26	(i) directly or indirectly with the
27	27	applicant or any member of the applicant's family or household in a
28	28	threatening or harassing manner; or
29	29	(ii) in any manner with the applicant or any
30	30	member of the applicant's family or household except through the
31	31	applicant's attorney or a person appointed by the court, if the
32	32	court finds good cause for the prohibition;
33	33	(B) going to or near the residence, place of
34	34	employment or business, or child-care facility or school of the
35	35	applicant or any member of the applicant's family or household;
36	36	(C) engaging in conduct directed specifically
37	37	toward the applicant or any member of the applicant's family or
38	38	household, including following the person, that is reasonably
39	39	likely to harass, annoy, alarm, abuse, torment, or embarrass the
40	40	person; and
41	41	(D) possessing a firearm, unless the alleged
42	42	offender is a peace officer, as defined by Section 1.07, Penal Code,
43	43	actively engaged in employment as a sworn, full-time paid employee
44	44	of a state agency or political subdivision.
45	45	SECTION 3. Subsections (b) and (g), Section 411.042,
46	46	Government Code, are amended to read as follows:
47	47	(b) The bureau of identification and records shall:
48	48	(1) procure and file for record photographs, pictures,
49	49	descriptions, fingerprints, measurements, and other pertinent
50	50	information of all persons arrested for or charged with a criminal
51	51	offense or convicted of a criminal offense, regardless of whether
52	52	the conviction is probated;
53	53	(2) collect information concerning the number and
54	54	nature of offenses reported or known to have been committed in the
55	55	state and the legal steps taken in connection with the offenses, and
56	56	other information useful in the study of crime and the
57	57	administration of justice, including information that enables the
58	58	bureau to create a statistical breakdown of:
59	59	(A) offenses in which family violence was
60	60	involved;
61	61	(B) offenses under Sections 22.011 and 22.021,
62	62	Penal Code; and
63	63	(C) offenses under Sections 20A.02 and 43.05,
64	64	Penal Code;
65	65	(3) make ballistic tests of bullets and firearms and
66	66	chemical analyses of bloodstains, cloth, materials, and other
67	67	substances for law enforcement officers of the state;
68	68	(4) cooperate with identification and crime records
69	69	bureaus in other states and the United States Department of
70	70	Justice;
71	71	(5) maintain a list of all previous background checks
72	72	for applicants for any position regulated under Chapter 1702,
73	73	Occupations Code, who have undergone a criminal history background
74	74	check under Section 411.119, if the check indicates a Class B
75	75	misdemeanor or equivalent offense or a greater offense;
76	76	(6) collect information concerning the number and
77	77	nature of protective orders and all other pertinent information
78	78	about all persons on active protective orders, including pertinent
79	79	information about persons subject to conditions of bond imposed for
80	80	the protection of the victim in any family violence, sexual assault
81	81	or abuse, or stalking case. Information in the law enforcement
82	82	information system relating to an active protective order shall
83	83	include:
84	84	(A) the name, sex, race, date of birth, personal
85	85	descriptors, address, and county of residence of the person to whom
86	86	the order is directed;
87	87	(B) any known identifying number of the person to
88	88	whom the order is directed, including the person's social security
89	89	number or driver's license number;
90	90	(C) the name and county of residence of the
91	91	person protected by the order;
92	92	(D) the residence address and place of employment
93	93	or business of the person protected by the order, unless that
94	94	information is excluded from the order under Section 85.007, Family
95	95	Code;
96	96	(E) the child-care facility or school where a
97	97	child protected by the order normally resides or which the child
98	98	normally attends, unless that information is excluded from the
99	99	order under Section 85.007, Family Code;
100	100	(F) the relationship or former relationship
101	101	between the person who is protected by the order and the person to
102	102	whom the order is directed; [and]
103	103	(G) the conditions of bond imposed on the person
104	104	to whom the order is directed, if any, for the protection of a
105	105	victim in any family violence, sexual assault or abuse, or stalking
106	106	case; and
107	107	(H) the date the order expires;
108	108	(7) grant access to criminal history record
109	109	information in the manner authorized under Subchapter F;
110	110	(8) collect and disseminate information regarding
111	111	offenders with mental impairments in compliance with Chapter 614,
112	112	Health and Safety Code; and
113	113	(9) record data and maintain a state database for a
114	114	computerized criminal history record system and computerized
115	115	juvenile justice information system that serves:
116	116	(A) as the record creation point for criminal
117	117	history record information and juvenile justice information
118	118	maintained by the state; and
119	119	(B) as the control terminal for the entry of
120	120	records, in accordance with federal law and regulations, federal
121	121	executive orders, and federal policy, into the federal database
122	122	maintained by the Federal Bureau of Investigation.
123	123	(g) The department may adopt reasonable rules under this
124	124	section relating to:
125	125	(1) law enforcement information systems maintained by
126	126	the department;
127	127	(2) the collection, maintenance, and correction of
128	128	records;
129	129	(3) reports of criminal history information submitted
130	130	to the department;
131	131	(4) active protective orders [issued under Title 4,
132	132	Family Code,] and reporting procedures that ensure that information
133	133	relating to the issuance and dismissal of an active protective
134	134	order [and to the dismissal of an active protective order] is
135	135	reported to the local law enforcement agency at the time of the
136	136	order's issuance or dismissal and entered by the local law
137	137	enforcement agency in the state's law enforcement information
138	138	system;
139	139	(5) the collection of information described by
140	140	Subsection (h); [and]
141	141	(6) a system for providing criminal history record
142	142	information through the criminal history clearinghouse under
143	143	Section 411.0845; and
144	144	(7) active conditions of bond imposed on a defendant
145	145	for the protection of a victim in any family violence, sexual
146	146	assault or abuse, or stalking case, and reporting procedures that
147	147	ensure that information relating to the issuance, modification, or
148	148	removal of the conditions of bond is reported to the local law
149	149	enforcement agency at the time of the issuance, modification, or
150	150	removal and entered by the local law enforcement agency in the
151	151	state's law enforcement information system.
152	152	SECTION 4. The heading to Section 25.07, Penal Code, is
153	153	amended to read as follows:
154	154	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
155	155	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, OR STALKING
156	156	CASE.
157	157	SECTION 5. Subsection (a), Section 25.07, Penal Code, is
158	158	amended to read as follows:
159	159	(a) A person commits an offense if, in violation of a
160	160	condition of bond set in a family violence, sexual assault or abuse,
161	161	or stalking case and related to the safety of a [the] victim or the
162	162	safety of the community, an order issued under Article 17.292, Code
163	163	of Criminal Procedure, an order issued under Section 6.504, Family
164	164	Code, Chapter 83, Family Code, if the temporary ex parte order has
165	165	been served on the person, or Chapter 85, Family Code, or an order
166	166	issued by another jurisdiction as provided by Chapter 88, Family
167	167	Code, the person knowingly or intentionally:
168	168	(1) commits family violence or an act in furtherance
169	169	of an offense under Section 22.011, 22.021, or 42.072;
170	170	(2) communicates:
171	171	(A) directly with a protected individual or a
172	172	member of the family or household in a threatening or harassing
173	173	manner;
174	174	(B) a threat through any person to a protected
175	175	individual or a member of the family or household; or
176	176	(C) in any manner with the protected individual
177	177	or a member of the family or household except through the person's
178	178	attorney or a person appointed by the court, if the violation is of
179	179	an order described by this subsection and the order prohibits any
180	180	communication with a protected individual or a member of the family
181	181	or household;
182	182	(3) goes to or near any of the following places as
183	183	specifically described in the order or condition of bond:
184	184	(A) the residence or place of employment or
185	185	business of a protected individual or a member of the family or
186	186	household; or
187	187	(B) any child care facility, residence, or school
188	188	where a child protected by the order or condition of bond normally
189	189	resides or attends;
190	190	(4) possesses a firearm; or
191	191	(5) harms, threatens, or interferes with the care,
192	192	custody, or control of a pet, companion animal, or assistance
193	193	animal that is possessed by a person protected by the order.
194	194	SECTION 6. Subsection (b), Section 25.07, Penal Code, is
195	195	amended by adding Subdivisions (4), (5), and (6) to read as follows:
196	196	(4) "Sexual abuse" means any act as described by
197	197	Section 21.02 or 21.11.
198	198	(5) "Sexual assault" means any act as described by
199	199	Section 22.011 or 22.021.
200	200	(6) "Stalking" means any conduct that constitutes an
201	201	offense under Section 42.072.
202	202	SECTION 7. The heading to Section 38.112, Penal Code, is
203	203	amended to read as follows:
204	204	Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
205	205	OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
206	206	SECTION 8. Subsection (a), Section 38.112, Penal Code, is
207	207	amended to read as follows:
208	208	(a) A person commits an offense if, in violation of an order
209	209	issued under Chapter 7A, Code of Criminal Procedure, the person
210	210	knowingly:
211	211	(1) communicates:
212	212	(A) directly or indirectly with the applicant or
213	213	any member of the applicant's family or household in a threatening
214	214	or harassing manner; or
215	215	(B) in any manner with the applicant or any
216	216	member of the applicant's family or household except through the
217	217	applicant's attorney or a person appointed by the court;
218	218	(2) goes to or near the residence, place of employment
219	219	or business, or child-care facility or school of the applicant or
220	220	any member of the applicant's family or household; or
221	221	(3) possesses a firearm.
222	222	SECTION 9. The changes in law made by this Act in amending
223	223	Sections 25.07 and 38.112, Penal Code, apply only to an offense
224	224	committed on or after the effective date of this Act. An offense
225	225	committed before the effective date of this Act is governed by the
226	226	law in effect on the date the offense was committed, and the former
227	227	law is continued in effect for that purpose. For purposes of this
228	228	subsection, an offense was committed before the effective date of
229	229	this Act if any element of the offense occurred before that date.
230	230	SECTION 10. This Act takes effect September 1, 2013.