| 1 | 1 | | 86R13133 JSC-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 4237 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the criminal offense of stalking. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 42.072(a), Penal Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) A person commits an offense if the person, on more than |
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| 12 | 12 | | one occasion and pursuant to the same scheme or course of conduct |
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| 13 | 13 | | that is directed specifically at the victim [another person], |
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| 14 | 14 | | knowingly engages in conduct that: |
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| 15 | 15 | | (1) constitutes an offense under Section 42.07, or |
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| 16 | 16 | | that the actor knows or reasonably should know the victim [other |
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| 17 | 17 | | person] will regard as threatening: |
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| 18 | 18 | | (A) bodily injury or death for the victim [other |
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| 19 | 19 | | person]; |
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| 20 | 20 | | (B) bodily injury or death for: |
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| 21 | 21 | | (i) a member of the victim's [other |
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| 22 | 22 | | person's] family or household; or |
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| 23 | 23 | | (ii) [for] an individual with whom the |
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| 24 | 24 | | victim [other person] has a dating relationship; or |
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| 25 | 25 | | (C) that an offense will be committed against the |
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| 26 | 26 | | victim's [other person's] property; |
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| 27 | 27 | | (2) causes the victim [other person], a member of the |
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| 28 | 28 | | victim's [other person's] family or household, or an individual |
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| 29 | 29 | | with whom the victim [other person] has a dating relationship: |
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| 30 | 30 | | (A) to be placed in fear of bodily injury or death |
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| 31 | 31 | | or [in fear] that an offense will be committed against the victim's |
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| 32 | 32 | | [other person's] property;[,] or |
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| 33 | 33 | | (B) to feel harassed, annoyed, alarmed, abused, |
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| 34 | 34 | | tormented, embarrassed, or offended; and |
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| 35 | 35 | | (3) would cause a reasonable person to: |
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| 36 | 36 | | (A) fear bodily injury or death for himself or |
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| 37 | 37 | | herself; |
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| 38 | 38 | | (B) fear bodily injury or death for: |
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| 39 | 39 | | (i) a member of the person's family or |
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| 40 | 40 | | household; or |
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| 41 | 41 | | (ii) [for] an individual with whom the |
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| 42 | 42 | | person has a dating relationship; |
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| 43 | 43 | | (C) fear that an offense will be committed |
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| 44 | 44 | | against the person's property; or |
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| 45 | 45 | | (D) feel harassed, annoyed, alarmed, abused, |
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| 46 | 46 | | tormented, embarrassed, or offended. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2019. |
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