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1 | 1 | 86R12763 JSC-D | |
2 | 2 | By: Dutton H.B. No. 2344 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to evidence sufficient for the issuance of a stalking | |
8 | 8 | protective order. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Article 7A.03, Code of Criminal Procedure, is | |
11 | 11 | amended by adding Subsection (c) to read as follows: | |
12 | 12 | (c) A court may not find that there are reasonable grounds | |
13 | 13 | to believe that the applicant is the victim of stalking solely based | |
14 | 14 | on the content of an electronic communication unless the | |
15 | 15 | communication threatens harm to the applicant, a member of the | |
16 | 16 | applicant's family or household, the applicant's pet or property, | |
17 | 17 | or another person. For purposes of this subsection, "electronic | |
18 | 18 | communication" has the meaning assigned by Section 42.07, Penal | |
19 | 19 | Code. | |
20 | 20 | SECTION 2. The change in law made by this Act applies only | |
21 | 21 | to an application for a protective order submitted on or after the | |
22 | 22 | effective date of this Act. An application submitted before the | |
23 | 23 | effective date of this Act is governed by the law in effect on the | |
24 | 24 | date the application was submitted, and the former law is continued | |
25 | 25 | in effect for that purpose. | |
26 | 26 | SECTION 3. This Act takes effect September 1, 2019. |