| 1 | 1 | | 86R4504 TSS-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 840 |
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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 prosecution of the criminal offense of continuous |
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| 8 | 8 | | violence against the family. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 13.072 to read as follows: |
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| 12 | 12 | | Art. 13.072. CONTINUOUS VIOLENCE AGAINST THE FAMILY |
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| 13 | 13 | | COMMITTED IN MORE THAN ONE COUNTY. An offense under Section 25.11, |
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| 14 | 14 | | Penal Code, may be prosecuted in any county in which the defendant |
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| 15 | 15 | | engaged in the conduct constituting an offense under Section |
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| 16 | 16 | | 22.01(a)(1), Penal Code, against a person described by Section |
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| 17 | 17 | | 25.11(a), Penal Code. |
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| 18 | 18 | | SECTION 2. Section 25.11, Penal Code, is amended by adding |
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| 19 | 19 | | Subsection (a-1) and amending Subsection (b) to read as follows: |
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| 20 | 20 | | (a-1) It is not a defense to prosecution under this section |
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| 21 | 21 | | that the conduct occurred in more than one county in this state. |
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| 22 | 22 | | (b) If the jury is the trier of fact, members of the jury are |
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| 23 | 23 | | not required to agree unanimously on the specific conduct in which |
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| 24 | 24 | | the defendant engaged that constituted an offense under Section |
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| 25 | 25 | | 22.01(a)(1) against the person or persons described by Subsection |
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| 26 | 26 | | (a), [or] the exact date when that conduct occurred, or the county |
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| 27 | 27 | | in which each instance of the conduct occurred. The jury must agree |
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| 28 | 28 | | unanimously that the defendant, during a period that is 12 months or |
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| 29 | 29 | | less in duration, two or more times engaged in conduct that |
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| 30 | 30 | | constituted an offense under Section 22.01(a)(1) against the person |
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| 31 | 31 | | or persons described by Subsection (a). |
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| 32 | 32 | | SECTION 3. The changes in law made by this Act apply only to |
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| 33 | 33 | | an offense committed on or after the effective date of this Act. An |
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| 34 | 34 | | offense committed before the effective date of this Act is governed |
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| 35 | 35 | | by the law in effect on the date the offense was committed, and the |
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| 36 | 36 | | former law is continued in effect for that purpose. For purposes of |
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| 37 | 37 | | this section, an offense was committed before the effective date of |
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| 38 | 38 | | this Act if any element of the offense occurred before that date. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2019. |
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