Texas 2017 - 85th Regular

Texas Senate Bill SB339 Compare Versions

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

Old	New	Differences
1	1	85R851 KJE-F
2	2	By: Perry S.B. No. 339
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the offense of indecent assault, to
8	8	judicial protection for victims of that offense, and to certain
9	9	criminal acts committed in relation to that offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 22, Penal Code, is amended by adding
12	12	Section 22.012 to read as follows:
13	13	Sec. 22.012. INDECENT ASSAULT. (a) A person commits an
14	14	offense if, without the other person's consent and with the intent
15	15	to arouse or gratify the sexual desire of any person, the person:
16	16	(1) touches, including through clothing, the anus,
17	17	breast, or any part of the genitals of another person;
18	18	(2) touches another person, including through
19	19	clothing, with the anus, breast, or any part of the genitals of any
20	20	person;
21	21	(3) removes or attempts to remove any clothing
22	22	covering another person's genitals, pubic area, anus, buttocks, or
23	23	female areola; or
24	24	(4) causes another person to contact the blood,
25	25	seminal fluid, vaginal fluid, saliva, urine, or feces of any
26	26	person, including contact occurring through clothing.
27	27	(b) An offense under this section is a Class A misdemeanor.
28	28	(c) If conduct that constitutes an offense under this
29	29	section also constitutes an offense under another law, the actor
30	30	may be prosecuted under this section, the other law, or both.
31	31	SECTION 2. The heading to Chapter 7A, Code of Criminal
32	32	Procedure, is amended to read as follows:
33	33	CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
34	34	ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
35	35	SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is
36	36	amended to read as follows:
37	37	(a) The following persons may file an application for a
38	38	protective order under this chapter without regard to the
39	39	relationship between the applicant and the alleged offender:
40	40	(1) a person who is the victim of an offense under
41	41	Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
42	42	Code;
43	43	(2) a person who is the victim of an offense under
44	44	Section 20A.02, 20A.03, or 43.05, Penal Code;
45	45	(3) a parent or guardian acting on behalf of a person
46	46	younger than 17 years of age who is the victim of an offense listed
47	47	in Subdivision (1);
48	48	(4) a parent or guardian acting on behalf of a person
49	49	younger than 18 years of age who is the victim of an offense listed
50	50	in Subdivision (2); or
51	51	(5) a prosecuting attorney acting on behalf of a
52	52	person described by Subdivision (1), (2), (3), or (4).
53	53	SECTION 4. Article 7A.02, Code of Criminal Procedure, is
54	54	amended to read as follows:
55	55	Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
56	56	from the information contained in an application for a protective
57	57	order that there is a clear and present danger of sexual assault or
58	58	abuse, indecent assault, stalking, trafficking, or other harm to
59	59	the applicant, the court, without further notice to the alleged
60	60	offender and without a hearing, may enter a temporary ex parte order
61	61	for the protection of the applicant or any other member of the
62	62	applicant's family or household.
63	63	SECTION 5. Article 7A.03(a), Code of Criminal Procedure, is
64	64	amended to read as follows:
65	65	(a) At the close of a hearing on an application for a
66	66	protective order under this chapter, the court shall find whether
67	67	there are reasonable grounds to believe that the applicant is the
68	68	victim of sexual assault or abuse, indecent assault, stalking, or
69	69	trafficking.
70	70	SECTION 6. Article 7A.035, Code of Criminal Procedure, is
71	71	amended to read as follows:
72	72	Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a
73	73	hearing on an application for a protective order under this
74	74	chapter, a statement that is made by a child younger than 14 years
75	75	of age who is the victim of an offense under Section 21.02, 21.11,
76	76	22.011, 22.012, or 22.021, Penal Code, and that describes the
77	77	offense committed against the child is admissible as evidence in
78	78	the same manner that a child's statement regarding alleged abuse
79	79	against the child is admissible under Section 104.006, Family Code,
80	80	in a suit affecting the parent-child relationship.
81	81	SECTION 7. Articles 17.292(a) and (g), Code of Criminal
82	82	Procedure, are amended to read as follows:
83	83	(a) At a defendant's appearance before a magistrate after
84	84	arrest for an offense involving family violence or an offense under
85	85	Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
86	86	Code, the magistrate may issue an order for emergency protection on
87	87	the magistrate's own motion or on the request of:
88	88	(1) the victim of the offense;
89	89	(2) the guardian of the victim;
90	90	(3) a peace officer; or
91	91	(4) the attorney representing the state.
92	92	(g) An order for emergency protection issued under this
93	93	article must contain the following statements printed in bold-face
94	94	type or in capital letters:
95	95	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
96	96	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
97	97	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
98	98	RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
99	99	TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
100	100	FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
101	101	ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
102	102	PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE
103	103	POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
104	104	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
105	105	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
106	106	SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
107	107	SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
108	108	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
109	109	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
110	110	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
111	111	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
112	112	UNLESS A COURT CHANGES THE ORDER."
113	113	SECTION 8. The heading to Article 56.021, Code of Criminal
114	114	Procedure, is amended to read as follows:
115	115	Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
116	116	INDECENT ASSAULT, STALKING, OR TRAFFICKING.
117	117	SECTION 9. (a) Article 56.021(d), Code of Criminal
118	118	Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
119	119	Legislature, Regular Session, 2015, is amended to read as follows:
120	120	(d) This subsection applies only to a victim of an offense
121	121	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
122	122	42.072, or 43.05, Penal Code. In addition to the rights enumerated
123	123	in Article 56.02 and, if applicable, Subsection (a) of this
124	124	article, a victim described by this subsection or a parent or
125	125	guardian of the victim is entitled to the following rights within
126	126	the criminal justice system:
127	127	(1) the right to request that the attorney
128	128	representing the state, subject to the Texas Disciplinary Rules of
129	129	Professional Conduct, file an application for a protective order
130	130	under Article 7A.01 on behalf of the victim;
131	131	(2) the right to be informed:
132	132	(A) that the victim or the victim's parent or
133	133	guardian, as applicable, may file an application for a protective
134	134	order under Article 7A.01;
135	135	(B) of the court in which the application for a
136	136	protective order may be filed; and
137	137	(C) that, on request of the victim or the
138	138	victim's parent or guardian, as applicable, and subject to the
139	139	Texas Disciplinary Rules of Professional Conduct, the attorney
140	140	representing the state may file the application for a protective
141	141	order;
142	142	(3) if the victim or the victim's parent or guardian,
143	143	as applicable, is present when the defendant is convicted or placed
144	144	on deferred adjudication community supervision, the right to be
145	145	given by the court the information described by Subdivision (2)
146	146	and, if the court has jurisdiction over applications for protective
147	147	orders that are filed under Article 7A.01, the right to file an
148	148	application for a protective order immediately following the
149	149	defendant's conviction or placement on deferred adjudication
150	150	community supervision; and
151	151	(4) if the victim or the victim's parent or guardian,
152	152	as applicable, is not present when the defendant is convicted or
153	153	placed on deferred adjudication community supervision, the right to
154	154	be given by the attorney representing the state the information
155	155	described by Subdivision (2).
156	156	(b) Article 56.021(d), Code of Criminal Procedure, as added
157	157	by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular
158	158	Session, 2015, is repealed as duplicative of Article 56.021(d),
159	159	Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),
160	160	Acts of the 84th Legislature, Regular Session, 2015.
161	161	SECTION 10. Sections 411.042(b) and (g), Government Code,
162	162	are amended to read as follows:
163	163	(b) The bureau of identification and records shall:
164	164	(1) procure and file for record photographs, pictures,
165	165	descriptions, fingerprints, measurements, and other pertinent
166	166	information of all persons arrested for or charged with a criminal
167	167	offense or convicted of a criminal offense, regardless of whether
168	168	the conviction is probated;
169	169	(2) collect information concerning the number and
170	170	nature of offenses reported or known to have been committed in the
171	171	state and the legal steps taken in connection with the offenses, and
172	172	other information useful in the study of crime and the
173	173	administration of justice, including information that enables the
174	174	bureau to create a statistical breakdown of:
175	175	(A) offenses in which family violence was
176	176	involved;
177	177	(B) offenses under Sections 22.011 and 22.021,
178	178	Penal Code; and
179	179	(C) offenses under Sections 20A.02 and 43.05,
180	180	Penal Code;
181	181	(3) make ballistic tests of bullets and firearms and
182	182	chemical analyses of bloodstains, cloth, materials, and other
183	183	substances for law enforcement officers of the state;
184	184	(4) cooperate with identification and crime records
185	185	bureaus in other states and the United States Department of
186	186	Justice;
187	187	(5) maintain a list of all previous background checks
188	188	for applicants for any position regulated under Chapter 1702,
189	189	Occupations Code, who have undergone a criminal history background
190	190	check under Section 411.119, if the check indicates a Class B
191	191	misdemeanor or equivalent offense or a greater offense;
192	192	(6) collect information concerning the number and
193	193	nature of protective orders and magistrate's orders of emergency
194	194	protection and all other pertinent information about all persons
195	195	subject to active orders, including pertinent information about
196	196	persons subject to conditions of bond imposed for the protection of
197	197	the victim in any family violence, sexual assault or abuse,
198	198	indecent assault, stalking, or trafficking case. Information in
199	199	the law enforcement information system relating to an active order
200	200	shall include:
201	201	(A) the name, sex, race, date of birth, personal
202	202	descriptors, address, and county of residence of the person to whom
203	203	the order is directed;
204	204	(B) any known identifying number of the person to
205	205	whom the order is directed, including the person's social security
206	206	number or driver's license number;
207	207	(C) the name and county of residence of the
208	208	person protected by the order;
209	209	(D) the residence address and place of employment
210	210	or business of the person protected by the order, unless that
211	211	information is excluded from the order under Section 85.007, Family
212	212	Code, or Article 17.292(e), Code of Criminal Procedure;
213	213	(E) the child-care facility or school where a
214	214	child protected by the order normally resides or which the child
215	215	normally attends, unless that information is excluded from the
216	216	order under Section 85.007, Family Code, or Article 17.292(e), Code
217	217	of Criminal Procedure;
218	218	(F) the relationship or former relationship
219	219	between the person who is protected by the order and the person to
220	220	whom the order is directed;
221	221	(G) the conditions of bond imposed on the person
222	222	to whom the order is directed, if any, for the protection of a
223	223	victim in any family violence, sexual assault or abuse, indecent
224	224	assault, stalking, or trafficking case;
225	225	(H) any minimum distance the person subject to
226	226	the order is required to maintain from the protected places or
227	227	persons; and
228	228	(I) the date the order expires;
229	229	(7) grant access to criminal history record
230	230	information in the manner authorized under Subchapter F;
231	231	(8) collect and disseminate information regarding
232	232	offenders with mental impairments in compliance with Chapter 614,
233	233	Health and Safety Code; and
234	234	(9) record data and maintain a state database for a
235	235	computerized criminal history record system and computerized
236	236	juvenile justice information system that serves:
237	237	(A) as the record creation point for criminal
238	238	history record information and juvenile justice information
239	239	maintained by the state; and
240	240	(B) as the control terminal for the entry of
241	241	records, in accordance with federal law and regulations, federal
242	242	executive orders, and federal policy, into the federal database
243	243	maintained by the Federal Bureau of Investigation.
244	244	(g) The department may adopt reasonable rules under this
245	245	section relating to:
246	246	(1) law enforcement information systems maintained by
247	247	the department;
248	248	(2) the collection, maintenance, and correction of
249	249	records;
250	250	(3) reports of criminal history information submitted
251	251	to the department;
252	252	(4) active protective orders and reporting procedures
253	253	that ensure that information relating to the issuance and dismissal
254	254	of an active protective order is reported to the local law
255	255	enforcement agency at the time of the order's issuance or dismissal
256	256	and entered by the local law enforcement agency in the state's law
257	257	enforcement information system;
258	258	(5) the collection of information described by
259	259	Subsection (h);
260	260	(6) a system for providing criminal history record
261	261	information through the criminal history clearinghouse under
262	262	Section 411.0845; and
263	263	(7) active conditions of bond imposed on a defendant
264	264	for the protection of a victim in any family violence, sexual
265	265	assault or abuse, indecent assault, stalking, or trafficking case,
266	266	and reporting procedures that ensure that information relating to
267	267	the issuance, modification, or removal of the conditions of bond is
268	268	reported, at the time of the issuance, modification, or removal,
269	269	to:
270	270	(A) the victim or, if the victim is deceased, a
271	271	close relative of the victim; and
272	272	(B) the local law enforcement agency for entry by
273	273	the local law enforcement agency in the state's law enforcement
274	274	information system.
275	275	SECTION 11. The heading to Section 25.07, Penal Code, is
276	276	amended to read as follows:
277	277	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
278	278	OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, INDECENT
279	279	ASSAULT, STALKING, OR TRAFFICKING CASE.
280	280	SECTION 12. Section 25.07(a), Penal Code, is amended to
281	281	read as follows:
282	282	(a) A person commits an offense if, in violation of a
283	283	condition of bond set in a family violence, sexual assault or abuse,
284	284	indecent assault, stalking, or trafficking case and related to the
285	285	safety of a victim or the safety of the community, an order issued
286	286	under Chapter 7A, Code of Criminal Procedure, an order issued under
287	287	Article 17.292, Code of Criminal Procedure, an order issued under
288	288	Section 6.504, Family Code, Chapter 83, Family Code, if the
289	289	temporary ex parte order has been served on the person, or Chapter
290	290	85, Family Code, or an order issued by another jurisdiction as
291	291	provided by Chapter 88, Family Code, the person knowingly or
292	292	intentionally:
293	293	(1) commits family violence or an act in furtherance
294	294	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
295	295	42.072;
296	296	(2) communicates:
297	297	(A) directly with a protected individual or a
298	298	member of the family or household in a threatening or harassing
299	299	manner;
300	300	(B) a threat through any person to a protected
301	301	individual or a member of the family or household; or
302	302	(C) in any manner with the protected individual
303	303	or a member of the family or household except through the person's
304	304	attorney or a person appointed by the court, if the violation is of
305	305	an order described by this subsection and the order prohibits any
306	306	communication with a protected individual or a member of the family
307	307	or household;
308	308	(3) goes to or near any of the following places as
309	309	specifically described in the order or condition of bond:
310	310	(A) the residence or place of employment or
311	311	business of a protected individual or a member of the family or
312	312	household; or
313	313	(B) any child care facility, residence, or school
314	314	where a child protected by the order or condition of bond normally
315	315	resides or attends;
316	316	(4) possesses a firearm;
317	317	(5) harms, threatens, or interferes with the care,
318	318	custody, or control of a pet, companion animal, or assistance
319	319	animal that is possessed by a person protected by the order or
320	320	condition of bond; or
321	321	(6) removes, attempts to remove, or otherwise tampers
322	322	with the normal functioning of a global positioning monitoring
323	323	system.
324	324	SECTION 13. Section 25.07(b), Penal Code, is amended by
325	325	adding Subdivision (8) to read as follows:
326	326	(8) "Indecent assault" means any conduct that
327	327	constitutes an offense under Section 22.012.
328	328	SECTION 14. The heading to Section 25.072, Penal Code, is
329	329	amended to read as follows:
330	330	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
331	331	CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
332	332	INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
333	333	SECTION 15. Chapter 7A, Code of Criminal Procedure, as
334	334	amended by this Act, and Article 17.292, Code of Criminal
335	335	Procedure, as amended by this Act, apply only to a protective order
336	336	or magistrate's order for emergency protection that is issued on or
337	337	after the effective date of this Act. An order issued before the
338	338	effective date of this Act is governed by the law in effect on the
339	339	date the order is issued, and the former law is continued in effect
340	340	for that purpose.
341	341	SECTION 16. Article 56.021(d), Code of Criminal Procedure,
342	342	as amended by this Act, applies to a victim of criminally injurious
343	343	conduct for which a judgment of conviction is entered or a grant of
344	344	deferred adjudication is made on or after the effective date of this
345	345	Act, regardless of whether the criminally injurious conduct
346	346	occurred before, on, or after the effective date of this Act.
347	347	SECTION 17. Sections 25.07 and 25.072, Penal Code, as
348	348	amended by this Act, apply only to an offense committed on or after
349	349	the effective date of this Act. An offense committed before the
350	350	effective date of this Act is governed by the law in effect on the
351	351	date the offense was committed, and the former law is continued in
352	352	effect for that purpose. For purposes of this section, an offense
353	353	was committed before the effective date of this Act if any element
354	354	of the offense occurred before that date.
355	355	SECTION 18. To the extent of any conflict, this Act prevails
356	356	over another Act of the 85th Legislature, Regular Session, 2017,
357	357	relating to nonsubstantive additions to and corrections in enacted
358	358	codes.
359	359	SECTION 19. This Act takes effect September 1, 2017.