Texas 2017 - 85th Regular

Texas Senate Bill SB2238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R29822 JRR-D
2	1		By: Garcia S.B. No. 2238
3		-	(Dale, Moody)
4		-	Substitute the following for S.B. No. 2238: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to certain sexual offenses and certain other offenses
10		-	involving conduct of a sexual nature, including the creation of the
11		-	criminal offenses of sexual coercion, indecent assault, and
12		-	possession or promotion of lewd visual material depicting a child,
13		-	and to certain criminal acts committed in relation to those
14		-	offenses.
	6	+	relating to the creation of the offense of sexual coercion.
15	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	8		SECTION 1. Chapter 21, Penal Code, is amended by adding
17	9		Section 21.18 to read as follows:
18	10		Sec. 21.18. SEXUAL COERCION. (a) In this section:
19	11		(1) "Intimate visual material" means the visual
20	12		material described by Section 21.16(b)(1) or (c), as added by
21	13		Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
22	14		Session, 2015.
23	15		(2) "Sexual conduct" has the meaning assigned by
24	16		Section 43.25.
25	17		(b) A person commits an offense if:
26	18		(1) with the intent to coerce another person either to
27	19		engage in sexual conduct or to produce, provide, or distribute
28	20		intimate visual material, the actor communicates a threat:
29	21		(A) against the other person's person, property,
30	22		or reputation; or
31	23		(B) to distribute or cause distribution of
32	24		intimate visual material of the other person; or
33	25		(2) the actor knowingly causes another person to
34	26		engage in sexual conduct or to produce, provide, or distribute
35	27		intimate visual material, by means of a threat:
36	28		(A) against the other person's person, property,
37	29		or reputation; or
38	30		(B) to distribute or cause distribution of
39	31		intimate visual material of the other person.
40	32		(c) This section applies to a threat regardless of how that
41	33		threat is communicated, including a threat transmitted through
42	34		e-mail or an Internet website, social media account, or chat room
43	35		and a threat made by other electronic or technological means.
44	36		(d) An offense under this section is a state jail felony,
45		-	except that the offense is a felony of the third degree if it is
46		-	shown on the trial of the offense that the defendant has previously
47		-	been convicted of an offense under this section.
	37	+	except that the offense is a felony of the third degree if:
	38	+	(1) it is shown on the trial of the offense that the
	39	+	defendant has previously been convicted of an offense under this
	40	+	section; or
	41	+	(2) the victim was younger than 18 years of age at the
	42	+	time of the offense.
48	43		(e) If conduct that constitutes an offense under this
49	44		section also constitutes an offense under any other law, the actor
50	45		may be prosecuted under this section, the other law, or both.
51		-	SECTION 2. Section 22.011, Penal Code, is amended by
52		-	amending Subsection (b) and adding Subsection (e-1) to read as
53		-	follows:
54		-	(b) A sexual assault under Subsection (a)(1) is without the
55		-	consent of the other person if:
56		-	(1) the actor compels the other person to submit or
57		-	participate by the use of physical force, [or] violence, or
58		-	coercion;
59		-	(2) the actor compels the other person to submit or
60		-	participate by threatening to use force or violence against the
61		-	other person or to cause harm to the other person, and the other
62		-	person believes that the actor has the present ability to execute
63		-	the threat;
64		-	(3) the other person has not consented and the actor
65		-	knows the other person is:
66		-	(A) unconscious;
67		-	(B) [or] physically unable to resist;
68		-	(C) incapable of appraising the nature of the
69		-	act; or
70		-	(D) unaware that the sexual assault is occurring;
71		-	(4) the actor knows that as a result of mental disease
72		-	or defect the other person is at the time of the sexual assault
73		-	incapable either of appraising the nature of the act or of resisting
74		-	it;
75		-	(5) [the other person has not consented and the actor
76		-	knows the other person is unaware that the sexual assault is
77		-	occurring;
78		-	[(6) the actor has intentionally impaired the other
79		-	person's power to appraise or control the other person's conduct by
80		-	administering any substance without the other person's knowledge;
81		-	[(7)] the actor compels the other person to submit or
82		-	participate by threatening to use force or violence against any
83		-	person, and the other person believes that the actor has the ability
84		-	to execute the threat;
85		-	(6) [(8) the actor is a public servant who coerces the
86		-	other person to submit or participate;
87		-	[(9)] the actor is a mental health services provider
88		-	or a health care services provider who causes the other person, who
89		-	is a patient or former patient of the actor, to submit or
90		-	participate by exploiting the other person's emotional dependency
91		-	on the actor;
92		-	(7) [(10)] the actor is a clergyman who causes the
93		-	other person to submit or participate by exploiting the other
94		-	person's emotional dependency on the clergyman in the clergyman's
95		-	professional character as spiritual adviser; [or]
96		-	(8) [(11)] the actor is an employee of a facility
97		-	where the other person is a resident, unless the employee and
98		-	resident are formally or informally married to each other under
99		-	Chapter 2, Family Code; or
100		-	(9) the actor knows that the other person has
101		-	withdrawn consent to the act and the actor persists in the act after
102		-	consent is withdrawn.
103		-	(e-1) It is not a defense to prosecution under this section
104		-	that the actor mistakenly believed that the other person consented
105		-	to the conduct if a reasonable person should have known or
106		-	understood that the other person did not consent to the conduct.
107		-	SECTION 3. Chapter 22, Penal Code, is amended by adding
108		-	Section 22.012 to read as follows:
109		-	Sec. 22.012. INDECENT ASSAULT. (a) A person commits an
110		-	offense if, without the other person's consent and with the intent
111		-	to arouse or gratify the sexual desire of any person, the person:
112		-	(1) touches, including through clothing, the anus,
113		-	breast, or any part of the genitals of another person;
114		-	(2) touches another person, including through
115		-	clothing, with the anus, breast, or any part of the genitals of any
116		-	person;
117		-	(3) exposes or attempts to expose another person's
118		-	genitals, pubic area, anus, buttocks, or female areola; or
119		-	(4) causes another person to contact the blood,
120		-	seminal fluid, vaginal fluid, saliva, urine, or feces of any
121		-	person, including contact occurring through clothing.
122		-	(b) An offense under this section is a Class A misdemeanor.
123		-	(c) If conduct that constitutes an offense under this
124		-	section also constitutes an offense under another law, the actor
125		-	may be prosecuted under this section, the other law, or both.
126		-	SECTION 4. Section 22.021, Penal Code, is amended by
127		-	amending Subsection (a) and adding Subsection (d-1) to read as
128		-	follows:
129		-	(a) A person commits an offense:
130		-	(1) if the person:
131		-	(A) intentionally or knowingly:
132		-	(i) causes the penetration of the anus or
133		-	sexual organ of another person by any means, without that person's
134		-	consent;
135		-	(ii) causes the penetration of the mouth of
136		-	another person by the sexual organ of the actor, without that
137		-	person's consent; or
138		-	(iii) causes the sexual organ of another
139		-	person, without that person's consent, to contact or penetrate the
140		-	mouth, anus, or sexual organ of another person, including the
141		-	actor; or
142		-	(B) intentionally or knowingly:
143		-	(i) causes the penetration of the anus or
144		-	sexual organ of a child by any means;
145		-	(ii) causes the penetration of the mouth of
146		-	a child by the sexual organ of the actor;
147		-	(iii) causes the sexual organ of a child to
148		-	contact or penetrate the mouth, anus, or sexual organ of another
149		-	person, including the actor;
150		-	(iv) causes the anus of a child to contact
151		-	the mouth, anus, or sexual organ of another person, including the
152		-	actor; or
153		-	(v) causes the mouth of a child to contact
154		-	the anus or sexual organ of another person, including the actor; and
155		-	(2) if:
156		-	(A) the person:
157		-	(i) causes serious bodily injury or
158		-	attempts to cause the death of the victim or another person in the
159		-	course of the same criminal episode;
160		-	(ii) by acts or words places the victim in
161		-	fear that any person will become the victim of an offense under
162		-	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
163		-	bodily injury, or kidnapping will be imminently inflicted on any
164		-	person;
165		-	(iii) by acts or words occurring in the
166		-	presence of the victim threatens to cause any person to become the
167		-	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
168		-	to cause the death, serious bodily injury, or kidnapping of any
169		-	person;
170		-	(iv) uses or exhibits a deadly weapon in the
171		-	course of the same criminal episode;
172		-	(v) acts in concert with another who
173		-	engages in conduct described by Subdivision (1) directed toward the
174		-	same victim and occurring during the course of the same criminal
175		-	episode; or
176		-	(vi) with the intent of facilitating the
177		-	commission of the offense, administers or provides [flunitrazepam,
178		-	otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
179		-	the victim of the offense any substance capable of impairing the
180		-	victim's ability to appraise the nature of the act or to resist the
181		-	act [with the intent of facilitating the commission of the
182		-	offense];
183		-	(B) the victim is younger than 14 years of age; or
184		-	(C) the victim is an elderly individual or a
185		-	disabled individual.
186		-	(d-1) It is not a defense to prosecution under this section
187		-	that the actor mistakenly believed that the other person consented
188		-	to the conduct if a reasonable person should have known or
189		-	understood that the other person did not consent to the conduct.
190		-	SECTION 5. Subchapter B, Chapter 43, Penal Code, is amended
191		-	by adding Section 43.262 to read as follows:
192		-	Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL
193		-	MATERIAL DEPICTING CHILD. (a) In this section:
194		-	(1) "Promote" and "sexual conduct" have the meanings
195		-	assigned by Section 43.25.
196		-	(2) "Visual material" has the meaning assigned by
197		-	Section 43.26.
198		-	(b) A person commits an offense if the person knowingly
199		-	possesses, accesses with intent to view, or promotes visual
200		-	material that:
201		-	(1) depicts the lewd exhibition of the genitals or
202		-	pubic area of an unclothed, partially clothed, or clothed child who
203		-	is younger than 18 years of age at the time the visual material was
204		-	created;
205		-	(2) appeals to the prurient interest in sex; and
206		-	(3) has no serious literary, artistic, political, or
207		-	scientific value.
208		-	(c) An offense under this section is a state jail felony,
209		-	except that the offense is:
210		-	(1) a felony of the third degree if it is shown on the
211		-	trial of the offense that the person has been previously convicted
212		-	one time of an offense under this section or Section 43.26; and
213		-	(2) a felony of the second degree if it is shown on the
214		-	trial of the offense that the person has been previously convicted
215		-	two or more times of an offense under this section or Section 43.26.
216		-	(d) It is not a defense to prosecution under this section
217		-	that the depicted child consented to the creation of the visual
218		-	material.
219		-	SECTION 6. The heading to Chapter 7A, Code of Criminal
220		-	Procedure, is amended to read as follows:
221		-	CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
222		-	ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
223		-	SECTION 7. Article 7A.01(a), Code of Criminal Procedure, is
224		-	amended to read as follows:
225		-	(a) The following persons may file an application for a
226		-	protective order under this chapter without regard to the
227		-	relationship between the applicant and the alleged offender:
228		-	(1) a person who is the victim of an offense under
229		-	Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
230		-	Code;
231		-	(2) a person who is the victim of an offense under
232		-	Section 20A.02, 20A.03, or 43.05, Penal Code;
233		-	(3) a parent or guardian acting on behalf of a person
234		-	younger than 17 years of age who is the victim of an offense listed
235		-	in Subdivision (1);
236		-	(4) a parent or guardian acting on behalf of a person
237		-	younger than 18 years of age who is the victim of an offense listed
238		-	in Subdivision (2); or
239		-	(5) a prosecuting attorney acting on behalf of a
240		-	person described by Subdivision (1), (2), (3), or (4).
241		-	SECTION 8. Article 7A.02, Code of Criminal Procedure, is
242		-	amended to read as follows:
243		-	Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
244		-	from the information contained in an application for a protective
245		-	order that there is a clear and present danger of sexual assault or
246		-	abuse, indecent assault, stalking, trafficking, or other harm to
247		-	the applicant, the court, without further notice to the alleged
248		-	offender and without a hearing, may enter a temporary ex parte order
249		-	for the protection of the applicant or any other member of the
250		-	applicant's family or household.
251		-	SECTION 9. Article 7A.03(a), Code of Criminal Procedure, is
252		-	amended to read as follows:
253		-	(a) At the close of a hearing on an application for a
254		-	protective order under this chapter, the court shall find whether
255		-	there are reasonable grounds to believe that the applicant is the
256		-	victim of sexual assault or abuse, indecent assault, stalking, or
257		-	trafficking.
258		-	SECTION 10. Article 7A.035, Code of Criminal Procedure, is
259		-	amended to read as follows:
260		-	Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a
261		-	hearing on an application for a protective order under this
262		-	chapter, a statement that is made by a child younger than 14 years
263		-	of age who is the victim of an offense under Section 21.02, 21.11,
264		-	22.011, 22.012, or 22.021, Penal Code, and that describes the
265		-	offense committed against the child is admissible as evidence in
266		-	the same manner that a child's statement regarding alleged abuse
267		-	against the child is admissible under Section 104.006, Family Code,
268		-	in a suit affecting the parent-child relationship.
269		-	SECTION 11. Articles 17.292(a) and (g), Code of Criminal
270		-	Procedure, are amended to read as follows:
271		-	(a) At a defendant's appearance before a magistrate after
272		-	arrest for an offense involving family violence or an offense under
273		-	Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
274		-	Code, the magistrate may issue an order for emergency protection on
275		-	the magistrate's own motion or on the request of:
276		-	(1) the victim of the offense;
277		-	(2) the guardian of the victim;
278		-	(3) a peace officer; or
279		-	(4) the attorney representing the state.
280		-	(g) An order for emergency protection issued under this
281		-	article must contain the following statements printed in bold-face
282		-	type or in capital letters:
283		-	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
284		-	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
285		-	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
286		-	RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
287		-	TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
288		-	FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
289		-	ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
290		-	PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE
291		-	POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
292		-	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
293		-	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
294		-	SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
295		-	SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
296		-	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
297		-	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
298		-	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
299		-	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
300		-	UNLESS A COURT CHANGES THE ORDER."
301		-	SECTION 12. The heading to Article 56.021, Code of Criminal
302		-	Procedure, is amended to read as follows:
303		-	Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
304		-	INDECENT ASSAULT, STALKING, OR TRAFFICKING.
305		-	SECTION 13. (a) Article 56.021(d), Code of Criminal
306		-	Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
307		-	Legislature, Regular Session, 2015, is amended to read as follows:
308		-	(d) This subsection applies only to a victim of an offense
309		-	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
310		-	42.072, or 43.05, Penal Code. In addition to the rights enumerated
311		-	in Article 56.02 and, if applicable, Subsection (a) of this
312		-	article, a victim described by this subsection or a parent or
313		-	guardian of the victim is entitled to the following rights within
314		-	the criminal justice system:
315		-	(1) the right to request that the attorney
316		-	representing the state, subject to the Texas Disciplinary Rules of
317		-	Professional Conduct, file an application for a protective order
318		-	under Article 7A.01 on behalf of the victim;
319		-	(2) the right to be informed:
320		-	(A) that the victim or the victim's parent or
321		-	guardian, as applicable, may file an application for a protective
322		-	order under Article 7A.01;
323		-	(B) of the court in which the application for a
324		-	protective order may be filed; and
325		-	(C) that, on request of the victim or the
326		-	victim's parent or guardian, as applicable, and subject to the
327		-	Texas Disciplinary Rules of Professional Conduct, the attorney
328		-	representing the state may file the application for a protective
329		-	order;
330		-	(3) if the victim or the victim's parent or guardian,
331		-	as applicable, is present when the defendant is convicted or placed
332		-	on deferred adjudication community supervision, the right to be
333		-	given by the court the information described by Subdivision (2)
334		-	and, if the court has jurisdiction over applications for protective
335		-	orders that are filed under Article 7A.01, the right to file an
336		-	application for a protective order immediately following the
337		-	defendant's conviction or placement on deferred adjudication
338		-	community supervision; and
339		-	(4) if the victim or the victim's parent or guardian,
340		-	as applicable, is not present when the defendant is convicted or
341		-	placed on deferred adjudication community supervision, the right to
342		-	be given by the attorney representing the state the information
343		-	described by Subdivision (2).
344		-	(b) Article 56.021(d), Code of Criminal Procedure, as added
345		-	by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular
346		-	Session, 2015, is repealed as duplicative of Article 56.021(d),
347		-	Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),
348		-	Acts of the 84th Legislature, Regular Session, 2015.
349		-	SECTION 14. Sections 411.042(b) and (g), Government Code,
350		-	are amended to read as follows:
351		-	(b) The bureau of identification and records shall:
352		-	(1) procure and file for record photographs, pictures,
353		-	descriptions, fingerprints, measurements, and other pertinent
354		-	information of all persons arrested for or charged with a criminal
355		-	offense or convicted of a criminal offense, regardless of whether
356		-	the conviction is probated;
357		-	(2) collect information concerning the number and
358		-	nature of offenses reported or known to have been committed in the
359		-	state and the legal steps taken in connection with the offenses, and
360		-	other information useful in the study of crime and the
361		-	administration of justice, including information that enables the
362		-	bureau to create a statistical breakdown of:
363		-	(A) offenses in which family violence was
364		-	involved;
365		-	(B) offenses under Sections 22.011 and 22.021,
366		-	Penal Code; and
367		-	(C) offenses under Sections 20A.02 and 43.05,
368		-	Penal Code;
369		-	(3) make ballistic tests of bullets and firearms and
370		-	chemical analyses of bloodstains, cloth, materials, and other
371		-	substances for law enforcement officers of the state;
372		-	(4) cooperate with identification and crime records
373		-	bureaus in other states and the United States Department of
374		-	Justice;
375		-	(5) maintain a list of all previous background checks
376		-	for applicants for any position regulated under Chapter 1702,
377		-	Occupations Code, who have undergone a criminal history background
378		-	check under Section 411.119, if the check indicates a Class B
379		-	misdemeanor or equivalent offense or a greater offense;
380		-	(6) collect information concerning the number and
381		-	nature of protective orders and magistrate's orders of emergency
382		-	protection and all other pertinent information about all persons
383		-	subject to active orders, including pertinent information about
384		-	persons subject to conditions of bond imposed for the protection of
385		-	the victim in any family violence, sexual assault or abuse,
386		-	indecent assault, stalking, or trafficking case. Information in
387		-	the law enforcement information system relating to an active order
388		-	shall include:
389		-	(A) the name, sex, race, date of birth, personal
390		-	descriptors, address, and county of residence of the person to whom
391		-	the order is directed;
392		-	(B) any known identifying number of the person to
393		-	whom the order is directed, including the person's social security
394		-	number or driver's license number;
395		-	(C) the name and county of residence of the
396		-	person protected by the order;
397		-	(D) the residence address and place of employment
398		-	or business of the person protected by the order, unless that
399		-	information is excluded from the order under Section 85.007, Family
400		-	Code, or Article 17.292(e), Code of Criminal Procedure;
401		-	(E) the child-care facility or school where a
402		-	child protected by the order normally resides or which the child
403		-	normally attends, unless that information is excluded from the
404		-	order under Section 85.007, Family Code, or Article 17.292(e), Code
405		-	of Criminal Procedure;
406		-	(F) the relationship or former relationship
407		-	between the person who is protected by the order and the person to
408		-	whom the order is directed;
409		-	(G) the conditions of bond imposed on the person
410		-	to whom the order is directed, if any, for the protection of a
411		-	victim in any family violence, sexual assault or abuse, indecent
412		-	assault, stalking, or trafficking case;
413		-	(H) any minimum distance the person subject to
414		-	the order is required to maintain from the protected places or
415		-	persons; and
416		-	(I) the date the order expires;
417		-	(7) grant access to criminal history record
418		-	information in the manner authorized under Subchapter F;
419		-	(8) collect and disseminate information regarding
420		-	offenders with mental impairments in compliance with Chapter 614,
421		-	Health and Safety Code; and
422		-	(9) record data and maintain a state database for a
423		-	computerized criminal history record system and computerized
424		-	juvenile justice information system that serves:
425		-	(A) as the record creation point for criminal
426		-	history record information and juvenile justice information
427		-	maintained by the state; and
428		-	(B) as the control terminal for the entry of
429		-	records, in accordance with federal law and regulations, federal
430		-	executive orders, and federal policy, into the federal database
431		-	maintained by the Federal Bureau of Investigation.
432		-	(g) The department may adopt reasonable rules under this
433		-	section relating to:
434		-	(1) law enforcement information systems maintained by
435		-	the department;
436		-	(2) the collection, maintenance, and correction of
437		-	records;
438		-	(3) reports of criminal history information submitted
439		-	to the department;
440		-	(4) active protective orders and reporting procedures
441		-	that ensure that information relating to the issuance and dismissal
442		-	of an active protective order is reported to the local law
443		-	enforcement agency at the time of the order's issuance or dismissal
444		-	and entered by the local law enforcement agency in the state's law
445		-	enforcement information system;
446		-	(5) the collection of information described by
447		-	Subsection (h);
448		-	(6) a system for providing criminal history record
449		-	information through the criminal history clearinghouse under
450		-	Section 411.0845; and
451		-	(7) active conditions of bond imposed on a defendant
452		-	for the protection of a victim in any family violence, sexual
453		-	assault or abuse, indecent assault, stalking, or trafficking case,
454		-	and reporting procedures that ensure that information relating to
455		-	the issuance, modification, or removal of the conditions of bond is
456		-	reported, at the time of the issuance, modification, or removal,
457		-	to:
458		-	(A) the victim or, if the victim is deceased, a
459		-	close relative of the victim; and
460		-	(B) the local law enforcement agency for entry by
461		-	the local law enforcement agency in the state's law enforcement
462		-	information system.
463		-	SECTION 15. The heading to Section 25.07, Penal Code, is
464		-	amended to read as follows:
465		-	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
466		-	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, INDECENT
467		-	ASSAULT, STALKING, OR TRAFFICKING CASE.
468		-	SECTION 16. Section 25.07(a), Penal Code, is amended to
469		-	read as follows:
470		-	(a) A person commits an offense if, in violation of a
471		-	condition of bond set in a family violence, sexual assault or abuse,
472		-	indecent assault, stalking, or trafficking case and related to the
473		-	safety of a victim or the safety of the community, an order issued
474		-	under Chapter 7A, Code of Criminal Procedure, an order issued under
475		-	Article 17.292, Code of Criminal Procedure, an order issued under
476		-	Section 6.504, Family Code, Chapter 83, Family Code, if the
477		-	temporary ex parte order has been served on the person, or Chapter
478		-	85, Family Code, or an order issued by another jurisdiction as
479		-	provided by Chapter 88, Family Code, the person knowingly or
480		-	intentionally:
481		-	(1) commits family violence or an act in furtherance
482		-	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
483		-	42.072;
484		-	(2) communicates:
485		-	(A) directly with a protected individual or a
486		-	member of the family or household in a threatening or harassing
487		-	manner;
488		-	(B) a threat through any person to a protected
489		-	individual or a member of the family or household; or
490		-	(C) in any manner with the protected individual
491		-	or a member of the family or household except through the person's
492		-	attorney or a person appointed by the court, if the violation is of
493		-	an order described by this subsection and the order prohibits any
494		-	communication with a protected individual or a member of the family
495		-	or household;
496		-	(3) goes to or near any of the following places as
497		-	specifically described in the order or condition of bond:
498		-	(A) the residence or place of employment or
499		-	business of a protected individual or a member of the family or
500		-	household; or
501		-	(B) any child care facility, residence, or school
502		-	where a child protected by the order or condition of bond normally
503		-	resides or attends;
504		-	(4) possesses a firearm;
505		-	(5) harms, threatens, or interferes with the care,
506		-	custody, or control of a pet, companion animal, or assistance
507		-	animal that is possessed by a person protected by the order or
508		-	condition of bond; or
509		-	(6) removes, attempts to remove, or otherwise tampers
510		-	with the normal functioning of a global positioning monitoring
511		-	system.
512		-	SECTION 17. Section 25.07(b), Penal Code, is amended by
513		-	adding Subdivision (8) to read as follows:
514		-	(8) "Indecent assault" means any conduct that
515		-	constitutes an offense under Section 22.012.
516		-	SECTION 18. The heading to Section 25.072, Penal Code, is
517		-	amended to read as follows:
518		-	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
519		-	CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
520		-	INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
521		-	SECTION 19. Chapter 7A, Code of Criminal Procedure, as
522		-	amended by this Act, and Article 17.292, Code of Criminal
523		-	Procedure, as amended by this Act, apply only to a protective order
524		-	or magistrate's order for emergency protection that is issued on or
525		-	after the effective date of this Act. An order issued before the
526		-	effective date of this Act is governed by the law in effect on the
527		-	date the order is issued, and the former law is continued in effect
528		-	for that purpose.
529		-	SECTION 20. Article 56.021(d), Code of Criminal Procedure,
530		-	as amended by this Act, applies to a victim of criminally injurious
531		-	conduct for which a judgment of conviction is entered or a grant of
532		-	deferred adjudication is made on or after the effective date of this
533		-	Act, regardless of whether the criminally injurious conduct
534		-	occurred before, on, or after the effective date of this Act.
535		-	SECTION 21. Sections 22.011, 22.021, 25.07, and 25.072,
536		-	Penal Code, as amended by this Act, apply only to an offense
537		-	committed on or after the effective date of this Act. An offense
538		-	committed before the effective date of this Act is governed by the
539		-	law in effect on the date the offense was committed, and the former
540		-	law is continued in effect for that purpose. For purposes of this
541		-	section, an offense was committed before the effective date of this
542		-	Act if any element of the offense occurred before that date.
543		-	SECTION 22. To the extent of any conflict, this Act prevails
544		-	over another Act of the 85th Legislature, Regular Session, 2017,
545		-	relating to nonsubstantive additions to and corrections in enacted
546		-	codes.
547		-	SECTION 23. This Act takes effect September 1, 2017.
	46	+	SECTION 2. This Act takes effect September 1, 2017.