1 | 1 | | H.B. No. 1427 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the prosecution of the offense of harassment. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Section 42.07(a), Penal Code, is amended to read |
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8 | 8 | | as follows: |
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9 | 9 | | (a) A person commits an offense if, with intent to harass, |
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10 | 10 | | annoy, alarm, abuse, torment, or embarrass another, the person: |
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11 | 11 | | (1) initiates communication and in the course of the |
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12 | 12 | | communication makes a comment, request, suggestion, or proposal |
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13 | 13 | | that is obscene; |
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14 | 14 | | (2) threatens, in a manner reasonably likely to alarm |
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15 | 15 | | the person receiving the threat, to inflict bodily injury on the |
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16 | 16 | | person or to commit a felony against the person, a member of the |
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17 | 17 | | person's family or household, or the person's property; |
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18 | 18 | | (3) conveys, in a manner reasonably likely to alarm |
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19 | 19 | | the person receiving the report, a false report, which is known by |
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20 | 20 | | the conveyor to be false, that another person has suffered death or |
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21 | 21 | | serious bodily injury; |
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22 | 22 | | (4) causes the telephone of another to ring repeatedly |
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23 | 23 | | or makes repeated telephone communications anonymously or in a |
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24 | 24 | | manner reasonably likely to harass, annoy, alarm, abuse, torment, |
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25 | 25 | | embarrass, or offend another; |
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26 | 26 | | (5) makes a telephone call and intentionally fails to |
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27 | 27 | | hang up or disengage the connection; |
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28 | 28 | | (6) knowingly permits a telephone under the person's |
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29 | 29 | | control to be used by another to commit an offense under this |
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30 | 30 | | section; |
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31 | 31 | | (7) sends repeated electronic communications in a |
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32 | 32 | | manner reasonably likely to harass, annoy, alarm, abuse, torment, |
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33 | 33 | | embarrass, or offend another; [or] |
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34 | 34 | | (8) publishes on an Internet website, including a |
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35 | 35 | | social media platform, repeated electronic communications in a |
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36 | 36 | | manner reasonably likely to cause emotional distress, abuse, or |
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37 | 37 | | torment to another person, unless the communications are made in |
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38 | 38 | | connection with a matter of public concern; or |
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39 | 39 | | (9) makes obscene, intimidating, or threatening |
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40 | 40 | | telephone calls or other electronic communications from a temporary |
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41 | 41 | | or disposable telephone number provided by an Internet application |
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42 | 42 | | or other technological means. |
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43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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44 | 44 | | to an offense committed on or after the effective date of this Act. |
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45 | 45 | | An offense committed before the effective date of this Act is |
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46 | 46 | | governed by the law in effect on the date the offense was committed, |
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47 | 47 | | and the former law is continued in effect for that purpose. For |
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48 | 48 | | purposes of this section, an offense was committed before the |
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49 | 49 | | effective date of this Act if any element of the offense occurred |
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50 | 50 | | before that date. |
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51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
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52 | 52 | | ______________________________ ______________________________ |
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53 | 53 | | President of the Senate Speaker of the House |
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54 | 54 | | I certify that H.B. No. 1427 was passed by the House on May 2, |
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55 | 55 | | 2023, by the following vote: Yeas 139, Nays 5, 3 present, not |
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56 | 56 | | voting. |
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57 | 57 | | ______________________________ |
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58 | 58 | | Chief Clerk of the House |
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59 | 59 | | I certify that H.B. No. 1427 was passed by the Senate on May |
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60 | 60 | | 18, 2023, by the following vote: Yeas 31, Nays 0. |
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61 | 61 | | ______________________________ |
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62 | 62 | | Secretary of the Senate |
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63 | 63 | | APPROVED: _____________________ |
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64 | 64 | | Date |
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65 | 65 | | _____________________ |
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66 | 66 | | Governor |
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