By: RodrÃguez, Birdwell S.B. No. 147
(In the Senate - Filed November 10, 2014; January 27, 2015,
read first time and referred to Committee on Criminal Justice;
March 19, 2015, reported favorably by the following vote: Yeas 6,
Nays 0; March 19, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the violation of certain court orders or conditions of
bond in a family violence, sexual assault or abuse, stalking, or
trafficking case; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, OR TRAFFICKING CASE.
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, or trafficking case and related to the safety of a
victim or the safety of the community, an order issued under Chapter
7A, Code of Criminal Procedure, 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 20A.02, 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
condition of bond.
SECTION 3. Section 25.07(b), Penal Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Trafficking" means any conduct that constitutes
an offense under Section 20A.02.
SECTION 4. The heading to Section 25.072, Penal Code, is
amended to read as follows:
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
STALKING, OR TRAFFICKING CASE.
SECTION 5. Articles 14.03(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause
to believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause
to believe have committed an offense defined by Section 25.07,
Penal Code [(violation of Protective Order), or by Section 38.112,
Penal Code (violation of Protective Order issued on basis of sexual
assault)], if the offense is not committed in the presence of the
peace officer;
(4) persons who the peace officer has probable cause
to believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause
to believe have prevented or interfered with an individual's
ability to place a telephone call in an emergency, as defined by
Section 42.062(d), Penal Code, if the offense is not committed in
the presence of the peace officer; or
(6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed
a felony.
(b) A peace officer shall arrest, without a warrant, a
person the peace officer has probable cause to believe has
committed an offense under Section 25.07, Penal Code [(violation of
Protective Order), or Section 38.112, Penal Code (violation of
Protective Order issued on basis of sexual assault)], if the
offense is committed in the presence of the peace officer.
SECTION 6. Sections 411.042(b) and (g), 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, or trafficking 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;
(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, or trafficking 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 and reporting procedures
that ensure that information relating to the issuance and 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);
(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, or trafficking 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 7. Section 38.112, Penal Code, is repealed.
SECTION 8. The change in law made by this Act 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 section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. This Act takes effect September 1, 2015.
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