Texas 2019 - 86th Regular

Texas House Bill HB309 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R3226 KJE-F
2		-	By: Moody~~, Meyer, Collier, Leach, Beckley~~ H.B. No. 309
	2	+	By: Moody H.B. No. 309
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the creation of the criminal offense of indecent
8	8		assault, to judicial protection for victims of that offense, and to
9	9		certain 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 the anus, breast, or any part of the
17	17		genitals of another person;
18	18		(2) touches another person with the anus, breast, or
19	19		any part of the genitals of any person;
20	20		(3) exposes or attempts to expose another person's
21	21		genitals, pubic area, anus, buttocks, or female areola; or
22	22		(4) causes another person to contact the blood,
23	23		seminal fluid, vaginal fluid, saliva, urine, or feces of any
24	24		person.
25	25		(b) An offense under this section is a Class A misdemeanor.
26	26		(c) If conduct that constitutes an offense under this
27	27		section also constitutes an offense under another law, the actor
28	28		may be prosecuted under this section, the other law, or both.
29	29		SECTION 2. The heading to Chapter 7A, Code of Criminal
30	30		Procedure, is amended to read as follows:
31	31		CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
32	32		ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
33	33		SECTION 3. Article 7A.01(a), Code of Criminal Procedure, is
34	34		amended to read as follows:
35	35		(a) The following persons may file an application for a
36	36		protective order under this chapter without regard to the
37	37		relationship between the applicant and the alleged offender:
38	38		(1) a person who is the victim of an offense under
39	39		Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
40	40		Code;
41	41		(2) a person who is the victim of an offense under
42	42		Section 20A.02, 20A.03, or 43.05, Penal Code;
43	43		(3) a parent or guardian acting on behalf of a person
44	44		younger than 17 years of age who is the victim of an offense listed
45	45		in Subdivision (1);
46	46		(4) a parent or guardian acting on behalf of a person
47	47		younger than 18 years of age who is the victim of an offense listed
48	48		in Subdivision (2); or
49	49		(5) a prosecuting attorney acting on behalf of a
50	50		person described by Subdivision (1), (2), (3), or (4).
51	51		SECTION 4. Article 7A.02, Code of Criminal Procedure, is
52	52		amended to read as follows:
53	53		Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
54	54		from the information contained in an application for a protective
55	55		order that there is a clear and present danger of sexual assault or
56	56		abuse, indecent assault, stalking, trafficking, or other harm to
57	57		the applicant, the court, without further notice to the alleged
58	58		offender and without a hearing, may enter a temporary ex parte order
59	59		for the protection of the applicant or any other member of the
60	60		applicant's family or household.
61	61		SECTION 5. Article 7A.03(a), Code of Criminal Procedure, is
62	62		amended to read as follows:
63	63		(a) At the close of a hearing on an application for a
64	64		protective order under this chapter, the court shall find whether
65	65		there are reasonable grounds to believe that the applicant is the
66	66		victim of sexual assault or abuse, indecent assault, stalking, or
67	67		trafficking.
68	68		SECTION 6. Article 7A.035, Code of Criminal Procedure, is
69	69		amended to read as follows:
70	70		Art. 7A.035. HEARSAY STATEMENT OF CHILD VICTIM. In a
71	71		hearing on an application for a protective order under this
72	72		chapter, a statement that is made by a child younger than 14 years
73	73		of age who is the victim of an offense under Section 21.02, 21.11,
74	74		22.011, 22.012, or 22.021, Penal Code, and that describes the
75	75		offense committed against the child is admissible as evidence in
76	76		the same manner that a child's statement regarding alleged abuse
77	77		against the child is admissible under Section 104.006, Family Code,
78	78		in a suit affecting the parent-child relationship.
79	79		SECTION 7. Articles 17.292(a) and (g), Code of Criminal
80	80		Procedure, are amended to read as follows:
81	81		(a) At a defendant's appearance before a magistrate after
82	82		arrest for an offense involving family violence or an offense under
83	83		Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
84	84		Code, the magistrate may issue an order for emergency protection on
85	85		the magistrate's own motion or on the request of:
86	86		(1) the victim of the offense;
87	87		(2) the guardian of the victim;
88	88		(3) a peace officer; or
89	89		(4) the attorney representing the state.
90	90		(g) An order for emergency protection issued under this
91	91		article must contain the following statements printed in bold-face
92	92		type or in capital letters:
93	93		"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
94	94		BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
95	95		CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
96	96		RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
97	97		TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
98	98		FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
99	99		ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
100	100		PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE
101	101		POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
102	102		DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
103	103		AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
104	104		SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
105	105		SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
106	106		"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
107	107		ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
108	108		PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
109	109		VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
110	110		UNLESS A COURT CHANGES THE ORDER."
111	111		SECTION 8. The heading to Article 56.021, Code of Criminal
112	112		Procedure, is amended to read as follows:
113	113		Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
114	114		INDECENT ASSAULT, STALKING, OR TRAFFICKING.
115	115		SECTION 9. Article 56.021(d), Code of Criminal Procedure,
116	116		is amended to read as follows:
117	117		(d) This subsection applies only to a victim of an offense
118	118		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
119	119		42.072, or 43.05, Penal Code. In addition to the rights enumerated
120	120		in Article 56.02 and, if applicable, Subsection (a) of this
121	121		article, a victim described by this subsection or a parent or
122	122		guardian of the victim is entitled to the following rights within
123	123		the criminal justice system:
124	124		(1) the right to request that the attorney
125	125		representing the state, subject to the Texas Disciplinary Rules of
126	126		Professional Conduct, file an application for a protective order
127	127		under Article 7A.01 on behalf of the victim;
128	128		(2) the right to be informed:
129	129		(A) that the victim or the victim's parent or
130	130		guardian, as applicable, may file an application for a protective
131	131		order under Article 7A.01;
132	132		(B) of the court in which the application for a
133	133		protective order may be filed; and
134	134		(C) that, on request of the victim or of the
135	135		victim's parent or guardian, as applicable, and subject to the
136	136		Texas Disciplinary Rules of Professional Conduct, the attorney
137	137		representing the state may file the application for a protective
138	138		order;
139	139		(3) if the victim or the victim's parent or guardian,
140	140		as applicable, is present when the defendant is convicted or placed
141	141		on deferred adjudication community supervision, the right to be
142	142		given by the court the information described by Subdivision (2)
143	143		and, if the court has jurisdiction over applications for protective
144	144		orders that are filed under Article 7A.01, the right to file an
145	145		application for a protective order immediately following the
146	146		defendant's conviction or placement on deferred adjudication
147	147		community supervision; and
148	148		(4) if the victim or the victim's parent or guardian,
149	149		as applicable, is not present when the defendant is convicted or
150	150		placed on deferred adjudication community supervision, the right to
151	151		be given by the attorney representing the state the information
152	152		described by Subdivision (2).
153	153		SECTION 10. Sections 411.042(b) and (g), Government Code,
154	154		are amended to read as follows:
155	155		(b) The bureau of identification and records shall:
156	156		(1) procure and file for record photographs, pictures,
157	157		descriptions, fingerprints, measurements, and other pertinent
158	158		information of all persons arrested for or charged with a criminal
159	159		offense or convicted of a criminal offense, regardless of whether
160	160		the conviction is probated;
161	161		(2) collect information concerning the number and
162	162		nature of offenses reported or known to have been committed in the
163	163		state and the legal steps taken in connection with the offenses, and
164	164		other information useful in the study of crime and the
165	165		administration of justice, including information that enables the
166	166		bureau to create a statistical breakdown of:
167	167		(A) offenses in which family violence was
168	168		involved;
169	169		(B) offenses under Sections 22.011 and 22.021,
170	170		Penal Code; and
171	171		(C) offenses under Sections 20A.02, 43.02(a),
172	172		43.02(b), 43.03, and 43.05, Penal Code;
173	173		(3) make ballistic tests of bullets and firearms and
174	174		chemical analyses of bloodstains, cloth, materials, and other
175	175		substances for law enforcement officers of the state;
176	176		(4) cooperate with identification and crime records
177	177		bureaus in other states and the United States Department of
178	178		Justice;
179	179		(5) maintain a list of all previous background checks
180	180		for applicants for any position regulated under Chapter 1702,
181	181		Occupations Code, who have undergone a criminal history background
182	182		check under Section 411.119, if the check indicates a Class B
183	183		misdemeanor or equivalent offense or a greater offense;
184	184		(6) collect information concerning the number and
185	185		nature of protective orders and magistrate's orders of emergency
186	186		protection and all other pertinent information about all persons
187	187		subject to active orders, including pertinent information about
188	188		persons subject to conditions of bond imposed for the protection of
189	189		the victim in any family violence, sexual assault or abuse,
190	190		indecent assault, stalking, or trafficking case. Information in the
191	191		law enforcement information system relating to an active order
192	192		shall include:
193	193		(A) the name, sex, race, date of birth, personal
194	194		descriptors, address, and county of residence of the person to whom
195	195		the order is directed;
196	196		(B) any known identifying number of the person to
197	197		whom the order is directed, including the person's social security
198	198		number or driver's license number;
199	199		(C) the name and county of residence of the
200	200		person protected by the order;
201	201		(D) the residence address and place of employment
202	202		or business of the person protected by the order, unless that
203	203		information is excluded from the order under Article 17.292(e),
204	204		Code of Criminal Procedure;
205	205		(E) the child-care facility or school where a
206	206		child protected by the order normally resides or which the child
207	207		normally attends, unless that information is excluded from the
208	208		order under Article 17.292(e), Code of Criminal Procedure;
209	209		(F) the relationship or former relationship
210	210		between the person who is protected by the order and the person to
211	211		whom the order is directed;
212	212		(G) the conditions of bond imposed on the person
213	213		to whom the order is directed, if any, for the protection of a
214	214		victim in any family violence, sexual assault or abuse, indecent
215	215		assault, stalking, or trafficking case;
216	216		(H) any minimum distance the person subject to
217	217		the order is required to maintain from the protected places or
218	218		persons; and
219	219		(I) the date the order expires;
220	220		(7) grant access to criminal history record
221	221		information in the manner authorized under Subchapter F;
222	222		(8) collect and disseminate information regarding
223	223		offenders with mental impairments in compliance with Chapter 614,
224	224		Health and Safety Code; and
225	225		(9) record data and maintain a state database for a
226	226		computerized criminal history record system and computerized
227	227		juvenile justice information system that serves:
228	228		(A) as the record creation point for criminal
229	229		history record information and juvenile justice information
230	230		maintained by the state; and
231	231		(B) as the control terminal for the entry of
232	232		records, in accordance with federal law and regulations, federal
233	233		executive orders, and federal policy, into the federal database
234	234		maintained by the Federal Bureau of Investigation.
235	235		(g) The department may adopt reasonable rules under this
236	236		section relating to:
237	237		(1) law enforcement information systems maintained by
238	238		the department;
239	239		(2) the collection, maintenance, and correction of
240	240		records;
241	241		(3) reports of criminal history information submitted
242	242		to the department;
243	243		(4) active protective orders and reporting procedures
244	244		that ensure that information relating to the issuance and dismissal
245	245		of an active protective order is reported to the local law
246	246		enforcement agency at the time of the order's issuance or dismissal
247	247		and entered by the local law enforcement agency in the state's law
248	248		enforcement information system;
249	249		(5) the collection of information described by
250	250		Subsection (h);
251	251		(6) a system for providing criminal history record
252	252		information through the criminal history clearinghouse under
253	253		Section 411.0845; and
254	254		(7) active conditions of bond imposed on a defendant
255	255		for the protection of a victim in any family violence, sexual
256	256		assault or abuse, indecent assault, stalking, or trafficking case,
257	257		and reporting procedures that ensure that information relating to
258	258		the issuance, modification, or removal of the conditions of bond is
259	259		reported, at the time of the issuance, modification, or removal,
260	260		to:
261	261		(A) the victim or, if the victim is deceased, a
262	262		close relative of the victim; and
263	263		(B) the local law enforcement agency for entry by
264	264		the local law enforcement agency in the state's law enforcement
265	265		information system.
266	266		SECTION 11. (a) This section takes effect only if the
267	267		comptroller determines that Sections 14 and 69, H.B. 7, Acts of the
268	268		85th Legislature, Regular Session, 2017, took effect as provided by
269	269		H.B. 7.
270	270		(b) The heading to Section 25.07, Penal Code, is amended to
271	271		read as follows:
272	272		Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
273	273		OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
274	274		OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
275	275		(c) Section 25.07(a), Penal Code, is amended to read as
276	276		follows:
277	277		(a) A person commits an offense if, in violation of a
278	278		condition of bond set in a family violence, sexual assault or abuse,
279	279		indecent assault, stalking, or trafficking case and related to the
280	280		safety of a victim or the safety of the community, an order issued
281	281		under Chapter 7A, Code of Criminal Procedure, an order issued under
282	282		Article 17.292, Code of Criminal Procedure, an order issued under
283	283		Section 6.504, Family Code, Chapter 83, Family Code, if the
284	284		temporary ex parte order has been served on the person, Chapter 85,
285	285		Family Code, or Subchapter F, Chapter 261, Family Code, or an order
286	286		issued by another jurisdiction as provided by Chapter 88, Family
287	287		Code, the person knowingly or intentionally:
288	288		(1) commits family violence or an act in furtherance
289	289		of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
290	290		42.072;
291	291		(2) communicates:
292	292		(A) directly with a protected individual or a
293	293		member of the family or household in a threatening or harassing
294	294		manner;
295	295		(B) a threat through any person to a protected
296	296		individual or a member of the family or household; or
297	297		(C) in any manner with the protected individual
298	298		or a member of the family or household except through the person's
299	299		attorney or a person appointed by the court, if the violation is of
300	300		an order described by this subsection and the order prohibits any
301	301		communication with a protected individual or a member of the family
302	302		or household;
303	303		(3) goes to or near any of the following places as
304	304		specifically described in the order or condition of bond:
305	305		(A) the residence or place of employment or
306	306		business of a protected individual or a member of the family or
307	307		household; or
308	308		(B) any child care facility, residence, or school
309	309		where a child protected by the order or condition of bond normally
310	310		resides or attends;
311	311		(4) possesses a firearm;
312	312		(5) harms, threatens, or interferes with the care,
313	313		custody, or control of a pet, companion animal, or assistance
314	314		animal that is possessed by a person protected by the order or
315	315		condition of bond; or
316	316		(6) removes, attempts to remove, or otherwise tampers
317	317		with the normal functioning of a global positioning monitoring
318	318		system.
319	319		(d) The heading to Section 25.072, Penal Code, is amended to
320	320		read as follows:
321	321		Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
322	322		CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
323	323		SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
324	324		CASE.
325	325		(e) Sections 25.07 and 25.072, Penal Code, as amended by
326	326		this section, apply only to an offense committed on or after the
327	327		effective date of this Act. An offense committed before the
328	328		effective date of this Act is governed by the law in effect when the
329	329		offense was committed, and the former law is continued in effect for
330	330		that purpose. For purposes of this subsection, an offense was
331	331		committed before the effective date of this Act if any element of
332	332		the offense occurred before that date.
333	333		SECTION 12. (a) This section takes effect only if the
334	334		comptroller determines that Sections 14 and 69, H.B. 7, Acts of the
335	335		85th Legislature, Regular Session, 2017, did not take effect as
336	336		provided by H.B. 7.
337	337		(b) The heading to Section 25.07, Penal Code, is amended to
338	338		read as follows:
339	339		Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
340	340		OF BOND IN A FAMILY VIOLENCE, [CHILD ABUSE OR NEGLECT,] SEXUAL
341	341		ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
342	342		(c) Section 25.07(a), Penal Code, is amended to read as
343	343		follows:
344	344		(a) A person commits an offense if, in violation of a
345	345		condition of bond set in a family violence, sexual assault or abuse,
346	346		indecent assault, stalking, or trafficking case and related to the
347	347		safety of a victim or the safety of the community, an order issued
348	348		under Chapter 7A, Code of Criminal Procedure, an order issued under
349	349		Article 17.292, Code of Criminal Procedure, an order issued under
350	350		Section 6.504, Family Code, Chapter 83, Family Code, if the
351	351		temporary ex parte order has been served on the person, or Chapter
352	352		85, Family Code, or an order issued by another jurisdiction as
353	353		provided by Chapter 88, Family Code, the person knowingly or
354	354		intentionally:
355	355		(1) commits family violence or an act in furtherance
356	356		of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
357	357		42.072;
358	358		(2) communicates:
359	359		(A) directly with a protected individual or a
360	360		member of the family or household in a threatening or harassing
361	361		manner;
362	362		(B) a threat through any person to a protected
363	363		individual or a member of the family or household; or
364	364		(C) in any manner with the protected individual
365	365		or a member of the family or household except through the person's
366	366		attorney or a person appointed by the court, if the violation is of
367	367		an order described by this subsection and the order prohibits any
368	368		communication with a protected individual or a member of the family
369	369		or household;
370	370		(3) goes to or near any of the following places as
371	371		specifically described in the order or condition of bond:
372	372		(A) the residence or place of employment or
373	373		business of a protected individual or a member of the family or
374	374		household; or
375	375		(B) any child care facility, residence, or school
376	376		where a child protected by the order or condition of bond normally
377	377		resides or attends;
378	378		(4) possesses a firearm;
379	379		(5) harms, threatens, or interferes with the care,
380	380		custody, or control of a pet, companion animal, or assistance
381	381		animal that is possessed by a person protected by the order or
382	382		condition of bond; or
383	383		(6) removes, attempts to remove, or otherwise tampers
384	384		with the normal functioning of a global positioning monitoring
385	385		system.
386	386		(d) The heading to Section 25.072, Penal Code, is amended to
387	387		read as follows:
388	388		Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
389	389		CONDITIONS OF BOND IN FAMILY VIOLENCE, [CHILD ABUSE OR NEGLECT,]
390	390		SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
391	391		CASE.
392	392		(e) Sections 25.07 and 25.072, Penal Code, as amended by
393	393		this section, apply only to an offense committed on or after the
394	394		effective date of this Act. An offense committed before the
395	395		effective date of this Act is governed by the law in effect when the
396	396		offense was committed, and the former law is continued in effect for
397	397		that purpose. For purposes of this subsection, an offense was
398	398		committed before the effective date of this Act if any element of
399	399		the offense occurred before that date.
400	400		SECTION 13. Section 25.07(b), Penal Code, is amended by
401	401		adding Subdivision (8) to read as follows:
402	402		(8) "Indecent assault" means any conduct that
403	403		constitutes an offense under Section 22.012.
404	404		SECTION 14. Chapter 7A, Code of Criminal Procedure, as
405	405		amended by this Act, and Article 17.292, Code of Criminal
406	406		Procedure, as amended by this Act, apply only to a protective order
407	407		or magistrate's order for emergency protection that is issued on or
408	408		after the effective date of this Act. An order issued before the
409	409		effective date of this Act is governed by the law in effect on the
410	410		date the order is issued, and the former law is continued in effect
411	411		for that purpose.
412	412		SECTION 15. Article 56.021(d), Code of Criminal Procedure,
413	413		as amended by this Act, applies to a victim of criminally injurious
414	414		conduct for which a judgment of conviction is entered or a grant of
415	415		deferred adjudication is made on or after the effective date of this
416	416		Act, regardless of whether the criminally injurious conduct
417	417		occurred before, on, or after the effective date of this Act.
418	418		SECTION 16. Not later than the 30th day after the effective
419	419		date of this section, the comptroller shall make the determination
420	420		described by Sections 11(a) and 12(a) of this Act.
421	421		SECTION 17. (a) Except as provided by Subsection (b) of
422	422		this section, this Act takes effect September 1, 2019.
423	423		(b) Section 16 of this Act takes effect immediately if this
424	424		Act receives a vote of two-thirds of all the members elected to each
425	425		house, as provided by Section 39, Article III, Texas Constitution.
426	426		If this Act does not receive the vote necessary for immediate
427	427		effect, Section 16 of this Act takes effect September 1, 2019.