Texas 2019 - 86th Regular

Texas House Bill HB1343 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1343
	1	+	By: Leach (Senate Sponsor - Paxton) H.B. No. 1343
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 15, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5		-	relating to the prosecution of the criminal offense of improper
6		-	contact with a victim and to protective orders for victims of
7		-	certain offenses; enhancing a criminal penalty.
	11	+	relating to persons who may be prosecuted for the criminal offense
	12	+	of improper contact with a victim.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Article 7A.01, Code of Criminal Procedure, is
10		-	amended by adding Subsections (a-1) and (a-2) to read as follows:
11		-	(a-1) Except as provided by Subsection (a-2), if an
12		-	application has not yet been filed in the case under Subsection (a),
13		-	the attorney representing the state shall promptly file an
14		-	application for a protective order with respect to each victim of an
15		-	offense listed in Subdivision (1) or (2) of that subsection
16		-	following the offender's conviction of or placement on deferred
17		-	adjudication community supervision for the offense.
18		-	(a-2) The attorney representing the state may not file an
19		-	application under Subsection (a-1) with respect to a victim who is
20		-	at least 18 years of age if the victim requests that the attorney
21		-	representing the state not file the application.
22		-	SECTION 2. Article 7A.03, Code of Criminal Procedure, is
23		-	amended by adding Subsection (c) to read as follows:
24		-	(c) An offender's conviction of or placement on deferred
25		-	adjudication community supervision for an offense listed in Article
26		-	7A.01(a)(1) or (2) constitutes reasonable grounds under Subsection
27		-	(a).
28		-	SECTION 3. Article 7A.07, Code of Criminal Procedure, is
29		-	amended by adding Subsection (a-1) to read as follows:
30		-	(a-1) The court shall issue a protective order effective for
31		-	the duration of the lives of the offender and victim if the offender
32		-	is:
33		-	(1) convicted of or placed on deferred adjudication
34		-	community supervision for an offense listed in Article 7A.01(a)(1)
35		-	or (2); and
36		-	(2) required under Chapter 62 to register for life as a
37		-	sex offender.
38		-	SECTION 4. Section 25.07(g), Penal Code, is amended to read
39		-	as follows:
40		-	(g) An offense under this section is a Class A misdemeanor,
41		-	except the offense is:
42		-	(1) subject to Subdivision (2), a state jail felony if
43		-	it is shown at the trial of the offense that the defendant violated
44		-	an order issued as a result of an application filed under Article
45		-	7A.01(a-1), Code of Criminal Procedure; or
46		-	(2) a felony of the third degree if it is shown on the
47		-	trial of the offense that the defendant:
48		-	(A) [(1)] has previously been convicted two or
49		-	more times of an offense under this section or two or more times of
50		-	an offense under Section 25.072, or has previously been convicted
51		-	of an offense under this section and an offense under Section
52		-	25.072; or
53		-	(B) [(2)] has violated the order or condition of
54		-	bond by committing an assault or the offense of stalking.
55		-	SECTION 5. Section 38.111(a), Penal Code, is amended to
	14	+	SECTION 1. Section 38.111(a), Penal Code, is amended to
56	15		read as follows:
57	16		(a) A person commits an offense if the person, while
58	17		confined in a correctional facility after being charged with or
59	18		convicted of an offense listed in Article 62.001(5), Code of
60	19		Criminal Procedure, contacts by letter, telephone, or any other
61	20		means, either directly or through a third party, a victim of the
62	21		offense or a member of the victim's family, if [:
63	22		[(1) the victim was younger than 17 years of age at the
64	23		time of the commission of the offense for which the person is
65	24		confined; and
66	25		[(2)] the director of the correctional facility has
67	26		not, before the person makes contact with the victim:
68	27		(1) [(A)] received written and dated consent to the
69	28		contact from:
70	29		(A) the victim, if the victim was 17 years of age
71	30		or older at the time of the commission of the offense for which the
72	31		person is confined; or
73	32		(B) if the victim was younger than 17 years of age
74	33		at the time of the commission of the offense for which the person is
75	34		confined:
76	35		(i) a parent of the victim;
77	36		(ii) a legal guardian of the victim;
78	37		(iii) the victim, if the victim is 17 years
79	38		of age or older at the time of giving the consent; or
80	39		(iv) a member of the victim's family who is
81	40		17 years of age or older; and
82	41		(2) [(B)] provided the person with a copy of the
83	42		consent.
84		-	SECTION 6. The changes in law made by this Act to Chapter
85		-	7A, Code of Criminal Procedure, apply only to a judgment of
86		-	conviction entered on or after the effective date of this Act or a
87		-	grant of deferred adjudication community supervision made on or
88		-	after the effective date of this Act.
89		-	SECTION 7. The change in law made by this Act to Section
90		-	38.111(a), Penal Code, applies only to an offense committed on or
91		-	after the effective date of this Act. An offense committed before
92		-	the effective date of this Act is governed by the law in effect on
93		-	the date the offense was committed, and the former law is continued
94		-	in effect for that purpose. For purposes of this section, an
95		-	offense was committed before the effective date of this Act if any
96		-	element of the offense occurred before that date.
97		-	SECTION 8. This Act takes effect September 1, 2019.
98		-	______________________________ ______________________________
99		-	President of the Senate Speaker of the House
100		-	I certify that H.B. No. 1343 was passed by the House on April
101		-	25, 2019, by the following vote: Yeas 133, Nays 0, 2 present, not
102		-	voting; and that the House concurred in Senate amendments to H.B.
103		-	No. 1343 on May 23, 2019, by the following vote: Yeas 139, Nays 1,
104		-	1 present, not voting.
105		-	______________________________
106		-	Chief Clerk of the House
107		-	I certify that H.B. No. 1343 was passed by the Senate, with
108		-	amendments, on May 17, 2019, by the following vote: Yeas 31, Nays
109		-	0.
110		-	______________________________
111		-	Secretary of the Senate
112		-	APPROVED: __________________
113		-	Date
114		-	__________________
115		-	Governor
	43	+	SECTION 2. The change in law made by this Act applies only
	44	+	to an offense committed on or after the effective date of this Act.
	45	+	An offense committed before the effective date of this Act is
	46	+	governed by the law in effect on the date the offense was committed,
	47	+	and the former law is continued in effect for that purpose. For
	48	+	purposes of this section, an offense was committed before the
	49	+	effective date of this Act if any element of the offense occurred
	50	+	before that date.
	51	+	SECTION 3. This Act takes effect September 1, 2019.
	52	+	* * * * *