By: Blanco, Alvarado, Fallon H.B. No. 2645
(Senate Sponsor - Hinojosa)
(In the Senate - Received from the House May 7, 2015;
May 11, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2645 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses involving family
violence and to the violation of certain court orders or conditions
of bond in a family violence, sexual assault or abuse, or stalking
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.371 to read as follows:
Art. 38.371. EVIDENCE IN PROSECUTIONS OF CERTAIN OFFENSES
INVOLVING FAMILY VIOLENCE. (a) This article applies to a
proceeding in the prosecution of a defendant for an offense, or for
an attempt or conspiracy to commit an offense, that is committed
under:
(1) Section 22.01 or 22.02, Penal Code, against a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
(2) Section 25.07 or 25.072, Penal Code, if the
offense is based on a violation of an order or a condition of bond in
a case involving family violence.
(b) In the prosecution of an offense described by Subsection
(a), subject to the Texas Rules of Evidence or other applicable law,
each party may offer testimony or other evidence of all relevant
facts and circumstances that would assist the trier of fact in
determining whether the actor committed the offense described by
Subsection (a), including testimony or evidence regarding the
nature of the relationship between the actor and the alleged
victim.
SECTION 2. Section 25.07(a), 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 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; or
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system.
SECTION 3. Section 25.07(b), Penal Code, is amended by
adding Subdivision (2-a) to read as follows:
(2-a) "Global positioning monitoring system" has the
meaning assigned by Article 17.49, Code of Criminal Procedure.
SECTION 4. (a) The change in law made by this Act in adding
Article 38.371, Code of Criminal Procedure, applies to the
admissibility of evidence in a criminal proceeding that commences
on or after the effective date of this Act. The admissibility of
evidence in a criminal proceeding that commences before the
effective date of this Act is governed by the law in effect on the
date the proceeding commenced, and the former law is continued in
effect for that purpose.
(b) The change in law made by this Act in amending Section
25.07, Penal Code, applies 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 5. This Act takes effect September 1, 2015.
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