H.B. No. 1343
AN ACT
relating to the prosecution of the criminal offense of improper
contact with a victim and to protective orders for victims of
certain offenses; enhancing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7A.01, Code of Criminal Procedure, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Except as provided by Subsection (a-2), if an
application has not yet been filed in the case under Subsection (a),
the attorney representing the state shall promptly file an
application for a protective order with respect to each victim of an
offense listed in Subdivision (1) or (2) of that subsection
following the offender's conviction of or placement on deferred
adjudication community supervision for the offense.
(a-2) The attorney representing the state may not file an
application under Subsection (a-1) with respect to a victim who is
at least 18 years of age if the victim requests that the attorney
representing the state not file the application.
SECTION 2. Article 7A.03, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) An offender's conviction of or placement on deferred
adjudication community supervision for an offense listed in Article
7A.01(a)(1) or (2) constitutes reasonable grounds under Subsection
(a).
SECTION 3. Article 7A.07, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) The court shall issue a protective order effective for
the duration of the lives of the offender and victim if the offender
is:
(1) convicted of or placed on deferred adjudication
community supervision for an offense listed in Article 7A.01(a)(1)
or (2); and
(2) required under Chapter 62 to register for life as a
sex offender.
SECTION 4. Section 25.07(g), Penal Code, is amended to read
as follows:
(g) An offense under this section is a Class A misdemeanor,
except the offense is:
(1) subject to Subdivision (2), a state jail felony if
it is shown at the trial of the offense that the defendant violated
an order issued as a result of an application filed under Article
7A.01(a-1), Code of Criminal Procedure; or
(2) a felony of the third degree if it is shown on the
trial of the offense that the defendant:
(A) [(1)] has previously been convicted two or
more times of an offense under this section or two or more times of
an offense under Section 25.072, or has previously been convicted
of an offense under this section and an offense under Section
25.072; or
(B) [(2)] has violated the order or condition of
bond by committing an assault or the offense of stalking.
SECTION 5. Section 38.111(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, while
confined in a correctional facility after being charged with or
convicted of an offense listed in Article 62.001(5), Code of
Criminal Procedure, contacts by letter, telephone, or any other
means, either directly or through a third party, a victim of the
offense or a member of the victim's family, if [:
[(1) the victim was younger than 17 years of age at the
time of the commission of the offense for which the person is
confined; and
[(2)] the director of the correctional facility has
not, before the person makes contact with the victim:
(1) [(A)] received written and dated consent to the
contact from:
(A) the victim, if the victim was 17 years of age
or older at the time of the commission of the offense for which the
person is confined; or
(B) if the victim was younger than 17 years of age
at the time of the commission of the offense for which the person is
confined:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years
of age or older at the time of giving the consent; or
(iv) a member of the victim's family who is
17 years of age or older; and
(2) [(B)] provided the person with a copy of the
consent.
SECTION 6. The changes in law made by this Act to Chapter
7A, Code of Criminal Procedure, apply only to a judgment of
conviction entered on or after the effective date of this Act or a
grant of deferred adjudication community supervision made on or
after the effective date of this Act.
SECTION 7. The change in law made by this Act to Section
38.111(a), Penal Code, 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 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1343 was passed by the House on April
25, 2019, by the following vote: Yeas 133, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1343 on May 23, 2019, by the following vote: Yeas 139, Nays 1,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1343 was passed by the Senate, with
amendments, on May 17, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor