Texas 2017 - 85th Regular

Texas House Bill HB142 Compare Versions

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1	1	By: Moody, Dale, Alvarado, Burkett, Neave H.B. No. 142
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the offense of indecent assault, to
7	7	judicial protection for victims of that offense, and to certain
8	8	criminal acts committed in relation to that offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 22, Penal Code, is amended by adding
11	11	Section 22.012 to read as follows:
12	12	Sec. 22.012. INDECENT ASSAULT. (a) A person commits an
13	13	offense if, without the other person's consent and with the intent
14	14	to arouse or gratify the sexual desire of any person, the person:
15	15	(1) touches, including through clothing, the anus,
16	16	breast, or any part of the genitals of another person;
17	17	(2) touches another person, including through
18	18	clothing, with the anus, breast, or any part of the genitals of any
19	19	person;
20	20	(3) removes or attempts to remove any clothing
21	21	covering another person's genitals, pubic area, anus, buttocks, or
22	22	female areola; or
23	23	(4) causes another person to contact the blood,
24	24	seminal fluid, vaginal fluid, saliva, urine, or feces of any
25	25	person, including contact occurring through clothing.
26	26	(b) An offense under this section is a Class A misdemeanor.
27	27	(c) If conduct that constitutes an offense under this
28	28	section also constitutes an offense under another law, the actor
29	29	may be prosecuted under this section, the other law, or both.
30	30	SECTION 2. The heading to Chapter 7A, Code of Criminal
31	31	Procedure, is amended to read as follows:
32	32	CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
33	33	ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
34	34	SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is
35	35	amended to read as follows:
36	36	(a) The following persons may file an application for a
37	37	protective order under this chapter without regard to the
38	38	relationship between the applicant and the alleged offender:
39	39	(1) a person who is the victim of an offense under
40	40	Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
41	41	Code;
42	42	(2) a person who is the victim of an offense under
43	43	Section 20A.02, 20A.03, or 43.05, Penal Code;
44	44	(3) a parent or guardian acting on behalf of a person
45	45	younger than 17 years of age who is the victim of an offense listed
46	46	in Subdivision (1);
47	47	(4) a parent or guardian acting on behalf of a person
48	48	younger than 18 years of age who is the victim of an offense listed
49	49	in Subdivision (2); or
50	50	(5) a prosecuting attorney acting on behalf of a
51	51	person described by Subdivision (1), (2), (3), or (4).
52	52	SECTION 4. Article 7A.02, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
55	55	from the information contained in an application for a protective
56	56	order that there is a clear and present danger of sexual assault or
57	57	abuse, indecent assault, stalking, trafficking, or other harm to
58	58	the applicant, the court, without further notice to the alleged
59	59	offender and without a hearing, may enter a temporary ex parte order
60	60	for the protection of the applicant or any other member of the
61	61	applicant's family or household.
62	62	SECTION 5. Article 7A.03(a), Code of Criminal Procedure, is
63	63	amended to read as follows:
64	64	(a) At the close of a hearing on an application for a
65	65	protective order under this chapter, the court shall find whether
66	66	there are reasonable grounds to believe that the applicant is the
67	67	victim of sexual assault or abuse, indecent assault, stalking, or
68	68	trafficking.
69	69	SECTION 6. Article 7A.035, Code of Criminal Procedure, is
70	70	amended to read as follows:
71	71	Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a
72	72	hearing on an application for a protective order under this
73	73	chapter, a statement that is made by a child younger than 14 years
74	74	of age who is the victim of an offense under Section 21.02, 21.11,
75	75	22.011, 22.012, or 22.021, Penal Code, and that describes the
76	76	offense committed against the child is admissible as evidence in
77	77	the same manner that a child's statement regarding alleged abuse
78	78	against the child is admissible under Section 104.006, Family Code,
79	79	in a suit affecting the parent-child relationship.
80	80	SECTION 7. Articles 17.292(a) and (g), Code of Criminal
81	81	Procedure, are amended to read as follows:
82	82	(a) At a defendant's appearance before a magistrate after
83	83	arrest for an offense involving family violence or an offense under
84	84	Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
85	85	Code, the magistrate may issue an order for emergency protection on
86	86	the magistrate's own motion or on the request of:
87	87	(1) the victim of the offense;
88	88	(2) the guardian of the victim;
89	89	(3) a peace officer; or
90	90	(4) the attorney representing the state.
91	91	(g) An order for emergency protection issued under this
92	92	article must contain the following statements printed in bold-face
93	93	type or in capital letters:
94	94	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
95	95	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
96	96	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
97	97	RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
98	98	TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
99	99	FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
100	100	ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
101	101	PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE
102	102	POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
103	103	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
104	104	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
105	105	SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
106	106	SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
107	107	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
108	108	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
109	109	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
110	110	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
111	111	UNLESS A COURT CHANGES THE ORDER."
112	112	SECTION 8. The heading to Article 56.021, Code of Criminal
113	113	Procedure, is amended to read as follows:
114	114	Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
115	115	INDECENT ASSAULT, STALKING, OR TRAFFICKING.
116	116	SECTION 9. (a) Article 56.021(d), Code of Criminal
117	117	Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
118	118	Legislature, Regular Session, 2015, is amended to read as follows:
119	119	(d) This subsection applies only to a victim of an offense
120	120	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
121	121	42.072, or 43.05, Penal Code. In addition to the rights enumerated
122	122	in Article 56.02 and, if applicable, Subsection (a) of this
123	123	article, a victim described by this subsection or a parent or
124	124	guardian of the victim is entitled to the following rights within
125	125	the criminal justice system:
126	126	(1) the right to request that the attorney
127	127	representing the state, subject to the Texas Disciplinary Rules of
128	128	Professional Conduct, file an application for a protective order
129	129	under Article 7A.01 on behalf of the victim;
130	130	(2) the right to be informed:
131	131	(A) that the victim or the victim's parent or
132	132	guardian, as applicable, may file an application for a protective
133	133	order under Article 7A.01;
134	134	(B) of the court in which the application for a
135	135	protective order may be filed; and
136	136	(C) that, on request of the victim or the
137	137	victim's parent or guardian, as applicable, and subject to the
138	138	Texas Disciplinary Rules of Professional Conduct, the attorney
139	139	representing the state may file the application for a protective
140	140	order;
141	141	(3) if the victim or the victim's parent or guardian,
142	142	as applicable, is present when the defendant is convicted or placed
143	143	on deferred adjudication community supervision, the right to be
144	144	given by the court the information described by Subdivision (2)
145	145	and, if the court has jurisdiction over applications for protective
146	146	orders that are filed under Article 7A.01, the right to file an
147	147	application for a protective order immediately following the
148	148	defendant's conviction or placement on deferred adjudication
149	149	community supervision; and
150	150	(4) if the victim or the victim's parent or guardian,
151	151	as applicable, is not present when the defendant is convicted or
152	152	placed on deferred adjudication community supervision, the right to
153	153	be given by the attorney representing the state the information
154	154	described by Subdivision (2).
155	155	(b) Article 56.021(d), Code of Criminal Procedure, as added
156	156	by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular
157	157	Session, 2015, is repealed as duplicative of Article 56.021(d),
158	158	Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),
159	159	Acts of the 84th Legislature, Regular Session, 2015.
160	160	SECTION 10. Sections 411.042(b) and (g), Government Code,
161	161	are amended to read as follows:
162	162	(b) The bureau of identification and records shall:
163	163	(1) procure and file for record photographs, pictures,
164	164	descriptions, fingerprints, measurements, and other pertinent
165	165	information of all persons arrested for or charged with a criminal
166	166	offense or convicted of a criminal offense, regardless of whether
167	167	the conviction is probated;
168	168	(2) collect information concerning the number and
169	169	nature of offenses reported or known to have been committed in the
170	170	state and the legal steps taken in connection with the offenses, and
171	171	other information useful in the study of crime and the
172	172	administration of justice, including information that enables the
173	173	bureau to create a statistical breakdown of:
174	174	(A) offenses in which family violence was
175	175	involved;
176	176	(B) offenses under Sections 22.011 and 22.021,
177	177	Penal Code; and
178	178	(C) offenses under Sections 20A.02 and 43.05,
179	179	Penal Code;
180	180	(3) make ballistic tests of bullets and firearms and
181	181	chemical analyses of bloodstains, cloth, materials, and other
182	182	substances for law enforcement officers of the state;
183	183	(4) cooperate with identification and crime records
184	184	bureaus in other states and the United States Department of
185	185	Justice;
186	186	(5) maintain a list of all previous background checks
187	187	for applicants for any position regulated under Chapter 1702,
188	188	Occupations Code, who have undergone a criminal history background
189	189	check under Section 411.119, if the check indicates a Class B
190	190	misdemeanor or equivalent offense or a greater offense;
191	191	(6) collect information concerning the number and
192	192	nature of protective orders and magistrate's orders of emergency
193	193	protection and all other pertinent information about all persons
194	194	subject to active orders, including pertinent information about
195	195	persons subject to conditions of bond imposed for the protection of
196	196	the victim in any family violence, sexual assault or abuse,
197	197	indecent assault, stalking, or trafficking case. Information in
198	198	the law enforcement information system relating to an active order
199	199	shall include:
200	200	(A) the name, sex, race, date of birth, personal
201	201	descriptors, address, and county of residence of the person to whom
202	202	the order is directed;
203	203	(B) any known identifying number of the person to
204	204	whom the order is directed, including the person's social security
205	205	number or driver's license number;
206	206	(C) the name and county of residence of the
207	207	person protected by the order;
208	208	(D) the residence address and place of employment
209	209	or business of the person protected by the order, unless that
210	210	information is excluded from the order under Section 85.007, Family
211	211	Code, or Article 17.292(e), Code of Criminal Procedure;
212	212	(E) the child-care facility or school where a
213	213	child protected by the order normally resides or which the child
214	214	normally attends, unless that information is excluded from the
215	215	order under Section 85.007, Family Code, or Article 17.292(e), Code
216	216	of Criminal Procedure;
217	217	(F) the relationship or former relationship
218	218	between the person who is protected by the order and the person to
219	219	whom the order is directed;
220	220	(G) the conditions of bond imposed on the person
221	221	to whom the order is directed, if any, for the protection of a
222	222	victim in any family violence, sexual assault or abuse, indecent
223	223	assault, stalking, or trafficking case;
224	224	(H) any minimum distance the person subject to
225	225	the order is required to maintain from the protected places or
226	226	persons; and
227	227	(I) the date the order expires;
228	228	(7) grant access to criminal history record
229	229	information in the manner authorized under Subchapter F;
230	230	(8) collect and disseminate information regarding
231	231	offenders with mental impairments in compliance with Chapter 614,
232	232	Health and Safety Code; and
233	233	(9) record data and maintain a state database for a
234	234	computerized criminal history record system and computerized
235	235	juvenile justice information system that serves:
236	236	(A) as the record creation point for criminal
237	237	history record information and juvenile justice information
238	238	maintained by the state; and
239	239	(B) as the control terminal for the entry of
240	240	records, in accordance with federal law and regulations, federal
241	241	executive orders, and federal policy, into the federal database
242	242	maintained by the Federal Bureau of Investigation.
243	243	(g) The department may adopt reasonable rules under this
244	244	section relating to:
245	245	(1) law enforcement information systems maintained by
246	246	the department;
247	247	(2) the collection, maintenance, and correction of
248	248	records;
249	249	(3) reports of criminal history information submitted
250	250	to the department;
251	251	(4) active protective orders and reporting procedures
252	252	that ensure that information relating to the issuance and dismissal
253	253	of an active protective order is reported to the local law
254	254	enforcement agency at the time of the order's issuance or dismissal
255	255	and entered by the local law enforcement agency in the state's law
256	256	enforcement information system;
257	257	(5) the collection of information described by
258	258	Subsection (h);
259	259	(6) a system for providing criminal history record
260	260	information through the criminal history clearinghouse under
261	261	Section 411.0845; and
262	262	(7) active conditions of bond imposed on a defendant
263	263	for the protection of a victim in any family violence, sexual
264	264	assault or abuse, indecent assault, stalking, or trafficking case,
265	265	and reporting procedures that ensure that information relating to
266	266	the issuance, modification, or removal of the conditions of bond is
267	267	reported, at the time of the issuance, modification, or removal,
268	268	to:
269	269	(A) the victim or, if the victim is deceased, a
270	270	close relative of the victim; and
271	271	(B) the local law enforcement agency for entry by
272	272	the local law enforcement agency in the state's law enforcement
273	273	information system.
274	274	SECTION 11. The heading to Section 25.07, Penal Code, is
275	275	amended to read as follows:
276	276	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
277	277	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, INDECENT
278	278	ASSAULT, STALKING, OR TRAFFICKING CASE.
279	279	SECTION 12. Section 25.07(a), Penal Code, is amended to
280	280	read as follows:
281	281	(a) A person commits an offense if, in violation of a
282	282	condition of bond set in a family violence, sexual assault or abuse,
283	283	indecent assault, stalking, or trafficking case and related to the
284	284	safety of a victim or the safety of the community, an order issued
285	285	under Chapter 7A, Code of Criminal Procedure, an order issued under
286	286	Article 17.292, Code of Criminal Procedure, an order issued under
287	287	Section 6.504, Family Code, Chapter 83, Family Code, if the
288	288	temporary ex parte order has been served on the person, or Chapter
289	289	85, Family Code, or an order issued by another jurisdiction as
290	290	provided by Chapter 88, Family Code, the person knowingly or
291	291	intentionally:
292	292	(1) commits family violence or an act in furtherance
293	293	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
294	294	42.072;
295	295	(2) communicates:
296	296	(A) directly with a protected individual or a
297	297	member of the family or household in a threatening or harassing
298	298	manner;
299	299	(B) a threat through any person to a protected
300	300	individual or a member of the family or household; or
301	301	(C) in any manner with the protected individual
302	302	or a member of the family or household except through the person's
303	303	attorney or a person appointed by the court, if the violation is of
304	304	an order described by this subsection and the order prohibits any
305	305	communication with a protected individual or a member of the family
306	306	or household;
307	307	(3) goes to or near any of the following places as
308	308	specifically described in the order or condition of bond:
309	309	(A) the residence or place of employment or
310	310	business of a protected individual or a member of the family or
311	311	household; or
312	312	(B) any child care facility, residence, or school
313	313	where a child protected by the order or condition of bond normally
314	314	resides or attends;
315	315	(4) possesses a firearm;
316	316	(5) harms, threatens, or interferes with the care,
317	317	custody, or control of a pet, companion animal, or assistance
318	318	animal that is possessed by a person protected by the order or
319	319	condition of bond; or
320	320	(6) removes, attempts to remove, or otherwise tampers
321	321	with the normal functioning of a global positioning monitoring
322	322	system.
323	323	SECTION 13. Section 25.07(b), Penal Code, is amended by
324	324	adding Subdivision (8) to read as follows:
325	325	(8) "Indecent assault" means any conduct that
326	326	constitutes an offense under Section 22.012.
327	327	SECTION 14. The heading to Section 25.072, Penal Code, is
328	328	amended to read as follows:
329	329	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
330	330	CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
331	331	INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
332	332	SECTION 15. Chapter 7A, Code of Criminal Procedure, as
333	333	amended by this Act, and Article 17.292, Code of Criminal
334	334	Procedure, as amended by this Act, apply only to a protective order
335	335	or magistrate's order for emergency protection that is issued on or
336	336	after the effective date of this Act. An order issued before the
337	337	effective date of this Act is governed by the law in effect on the
338	338	date the order is issued, and the former law is continued in effect
339	339	for that purpose.
340	340	SECTION 16. Article 56.021(d), Code of Criminal Procedure,
341	341	as amended by this Act, applies to a victim of criminally injurious
342	342	conduct for which a judgment of conviction is entered or a grant of
343	343	deferred adjudication is made on or after the effective date of this
344	344	Act, regardless of whether the criminally injurious conduct
345	345	occurred before, on, or after the effective date of this Act.
346	346	SECTION 17. Sections 25.07 and 25.072, Penal Code, as
347	347	amended by this Act, apply only to an offense committed on or after
348	348	the effective date of this Act. An offense committed before the
349	349	effective date of this Act is governed by the law in effect on the
350	350	date the offense was committed, and the former law is continued in
351	351	effect for that purpose. For purposes of this section, an offense
352	352	was committed before the effective date of this Act if any element
353	353	of the offense occurred before that date.
354	354	SECTION 18. To the extent of any conflict, this Act prevails
355	355	over another Act of the 85th Legislature, Regular Session, 2017,
356	356	relating to nonsubstantive additions to and corrections in enacted
357	357	codes.
358	358	SECTION 19. This Act takes effect September 1, 2017.