Texas 2015 - 84th Regular

Texas House Bill HB498 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1384 JSC-F
2	2	By: Hernandez H.B. No. 498
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the violation of certain court orders or conditions of
8	8	bond in a family violence, sexual assault or abuse, stalking, or
9	9	trafficking case.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 25.07, Penal Code, is
12	12	amended to read as follows:
13	13	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
14	14	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR]
15	15	STALKING, OR TRAFFICKING CASE.
16	16	SECTION 2. Section 25.07(a), Penal Code, is amended to read
17	17	as follows:
18	18	(a) A person commits an offense if, in violation of a
19	19	condition of bond set in a family violence, sexual assault or abuse,
20	20	[or] stalking, or trafficking case and related to the safety of a
21	21	victim or the safety of the community, an order issued under Chapter
22	22	7A, Code of Criminal Procedure, an order issued under Article
23	23	17.292, Code of Criminal Procedure, an order issued under Section
24	24	6.504, Family Code, Chapter 83, Family Code, if the temporary ex
25	25	parte order has been served on the person, or Chapter 85, Family
26	26	Code, or an order issued by another jurisdiction as provided by
27	27	Chapter 88, Family Code, the person knowingly or intentionally:
28	28	(1) commits family violence or an act in furtherance
29	29	of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
30	30	(2) communicates:
31	31	(A) directly with a protected individual or a
32	32	member of the family or household in a threatening or harassing
33	33	manner;
34	34	(B) a threat through any person to a protected
35	35	individual or a member of the family or household; or
36	36	(C) in any manner with the protected individual
37	37	or a member of the family or household except through the person's
38	38	attorney or a person appointed by the court, if the violation is of
39	39	an order described by this subsection and the order prohibits any
40	40	communication with a protected individual or a member of the family
41	41	or household;
42	42	(3) goes to or near any of the following places as
43	43	specifically described in the order or condition of bond:
44	44	(A) the residence or place of employment or
45	45	business of a protected individual or a member of the family or
46	46	household; or
47	47	(B) any child care facility, residence, or school
48	48	where a child protected by the order or condition of bond normally
49	49	resides or attends;
50	50	(4) possesses a firearm; or
51	51	(5) harms, threatens, or interferes with the care,
52	52	custody, or control of a pet, companion animal, or assistance
53	53	animal that is possessed by a person protected by the order or
54	54	condition of bond.
55	55	SECTION 3. Section 25.07(b), Penal Code, is amended by
56	56	adding Subdivision (7) to read as follows:
57	57	(7) "Trafficking" means any conduct that constitutes
58	58	an offense under Section 20A.02.
59	59	SECTION 4. The heading to Section 25.072, Penal Code, is
60	60	amended to read as follows:
61	61	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
62	62	CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
63	63	STALKING, OR TRAFFICKING CASE.
64	64	SECTION 5. Articles 14.03(a) and (b), Code of Criminal
65	65	Procedure, are amended to read as follows:
66	66	(a) Any peace officer may arrest, without warrant:
67	67	(1) persons found in suspicious places and under
68	68	circumstances which reasonably show that such persons have been
69	69	guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
70	70	breach of the peace, or offense under Section 49.02, Penal Code, or
71	71	threaten, or are about to commit some offense against the laws;
72	72	(2) persons who the peace officer has probable cause
73	73	to believe have committed an assault resulting in bodily injury to
74	74	another person and the peace officer has probable cause to believe
75	75	that there is danger of further bodily injury to that person;
76	76	(3) persons who the peace officer has probable cause
77	77	to believe have committed an offense defined by Section 25.07,
78	78	Penal Code [(violation of Protective Order), or by Section 38.112,
79	79	Penal Code (violation of Protective Order issued on basis of sexual
80	80	assault)], if the offense is not committed in the presence of the
81	81	peace officer;
82	82	(4) persons who the peace officer has probable cause
83	83	to believe have committed an offense involving family violence;
84	84	(5) persons who the peace officer has probable cause
85	85	to believe have prevented or interfered with an individual's
86	86	ability to place a telephone call in an emergency, as defined by
87	87	Section 42.062(d), Penal Code, if the offense is not committed in
88	88	the presence of the peace officer; or
89	89	(6) a person who makes a statement to the peace officer
90	90	that would be admissible against the person under Article 38.21 and
91	91	establishes probable cause to believe that the person has committed
92	92	a felony.
93	93	(b) A peace officer shall arrest, without a warrant, a
94	94	person the peace officer has probable cause to believe has
95	95	committed an offense under Section 25.07, Penal Code [(violation of
96	96	Protective Order), or Section 38.112, Penal Code (violation of
97	97	Protective Order issued on basis of sexual assault)], if the
98	98	offense is committed in the presence of the peace officer.
99	99	SECTION 6. Sections 411.042(b) and (g), Government Code,
100	100	are amended to read as follows:
101	101	(b) The bureau of identification and records shall:
102	102	(1) procure and file for record photographs, pictures,
103	103	descriptions, fingerprints, measurements, and other pertinent
104	104	information of all persons arrested for or charged with a criminal
105	105	offense or convicted of a criminal offense, regardless of whether
106	106	the conviction is probated;
107	107	(2) collect information concerning the number and
108	108	nature of offenses reported or known to have been committed in the
109	109	state and the legal steps taken in connection with the offenses, and
110	110	other information useful in the study of crime and the
111	111	administration of justice, including information that enables the
112	112	bureau to create a statistical breakdown of:
113	113	(A) offenses in which family violence was
114	114	involved;
115	115	(B) offenses under Sections 22.011 and 22.021,
116	116	Penal Code; and
117	117	(C) offenses under Sections 20A.02 and 43.05,
118	118	Penal Code;
119	119	(3) make ballistic tests of bullets and firearms and
120	120	chemical analyses of bloodstains, cloth, materials, and other
121	121	substances for law enforcement officers of the state;
122	122	(4) cooperate with identification and crime records
123	123	bureaus in other states and the United States Department of
124	124	Justice;
125	125	(5) maintain a list of all previous background checks
126	126	for applicants for any position regulated under Chapter 1702,
127	127	Occupations Code, who have undergone a criminal history background
128	128	check under Section 411.119, if the check indicates a Class B
129	129	misdemeanor or equivalent offense or a greater offense;
130	130	(6) collect information concerning the number and
131	131	nature of protective orders and all other pertinent information
132	132	about all persons on active protective orders, including pertinent
133	133	information about persons subject to conditions of bond imposed for
134	134	the protection of the victim in any family violence, sexual assault
135	135	or abuse, [or] stalking, or trafficking case. Information in the
136	136	law enforcement information system relating to an active protective
137	137	order shall include:
138	138	(A) the name, sex, race, date of birth, personal
139	139	descriptors, address, and county of residence of the person to whom
140	140	the order is directed;
141	141	(B) any known identifying number of the person to
142	142	whom the order is directed, including the person's social security
143	143	number or driver's license number;
144	144	(C) the name and county of residence of the
145	145	person protected by the order;
146	146	(D) the residence address and place of employment
147	147	or business of the person protected by the order, unless that
148	148	information is excluded from the order under Section 85.007, Family
149	149	Code;
150	150	(E) the child-care facility or school where a
151	151	child protected by the order normally resides or which the child
152	152	normally attends, unless that information is excluded from the
153	153	order under Section 85.007, Family Code;
154	154	(F) the relationship or former relationship
155	155	between the person who is protected by the order and the person to
156	156	whom the order is directed;
157	157	(G) the conditions of bond imposed on the person
158	158	to whom the order is directed, if any, for the protection of a
159	159	victim in any family violence, sexual assault or abuse, [or]
160	160	stalking, or trafficking case; and
161	161	(H) the date the order expires;
162	162	(7) grant access to criminal history record
163	163	information in the manner authorized under Subchapter F;
164	164	(8) collect and disseminate information regarding
165	165	offenders with mental impairments in compliance with Chapter 614,
166	166	Health and Safety Code; and
167	167	(9) record data and maintain a state database for a
168	168	computerized criminal history record system and computerized
169	169	juvenile justice information system that serves:
170	170	(A) as the record creation point for criminal
171	171	history record information and juvenile justice information
172	172	maintained by the state; and
173	173	(B) as the control terminal for the entry of
174	174	records, in accordance with federal law and regulations, federal
175	175	executive orders, and federal policy, into the federal database
176	176	maintained by the Federal Bureau of Investigation.
177	177	(g) The department may adopt reasonable rules under this
178	178	section relating to:
179	179	(1) law enforcement information systems maintained by
180	180	the department;
181	181	(2) the collection, maintenance, and correction of
182	182	records;
183	183	(3) reports of criminal history information submitted
184	184	to the department;
185	185	(4) active protective orders and reporting procedures
186	186	that ensure that information relating to the issuance and dismissal
187	187	of an active protective order is reported to the local law
188	188	enforcement agency at the time of the order's issuance or dismissal
189	189	and entered by the local law enforcement agency in the state's law
190	190	enforcement information system;
191	191	(5) the collection of information described by
192	192	Subsection (h);
193	193	(6) a system for providing criminal history record
194	194	information through the criminal history clearinghouse under
195	195	Section 411.0845; and
196	196	(7) active conditions of bond imposed on a defendant
197	197	for the protection of a victim in any family violence, sexual
198	198	assault or abuse, [or] stalking, or trafficking case, and reporting
199	199	procedures that ensure that information relating to the issuance,
200	200	modification, or removal of the conditions of bond is reported, at
201	201	the time of the issuance, modification, or removal, to:
202	202	(A) the victim or, if the victim is deceased, a
203	203	close relative of the victim; and
204	204	(B) the local law enforcement agency for entry by
205	205	the local law enforcement agency in the state's law enforcement
206	206	information system.
207	207	SECTION 7. Section 38.112, Penal Code, is repealed.
208	208	SECTION 8. The change in law made by this Act applies only
209	209	to an offense committed on or after the effective date of this Act.
210	210	An offense committed before the effective date of this Act is
211	211	governed by the law in effect on the date the offense was committed,
212	212	and the former law is continued in effect for that purpose. For
213	213	purposes of this section, an offense was committed before the
214	214	effective date of this Act if any element of the offense occurred
215	215	before that date.
216	216	SECTION 9. This Act takes effect September 1, 2015.