Texas 2023 - 88th Regular

Texas House Bill HB2715

Filed
2/23/23  
Out of House Committee
5/1/23  
Voted on by House
5/7/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

Impact

The passage of HB 2715 will amend existing laws to include definitions and penalties for tracking behavior under the umbrella of harassment. This change should facilitate easier prosecution of offenders who utilize technology to stalk or intimidate victims. Moreover, it enhances the effectiveness of protective orders by making clear that violating such orders through tracking constitutes harassment, thus reinforcing the enforcement capabilities of law enforcement agencies and the judiciary.

Summary

House Bill 2715 aims to enhance legal protections against stalking and harassment by explicitly prohibiting the tracking and monitoring of individuals' personal property or motor vehicles without their consent. This legislation addresses the challenges faced by victims of family violence and stalking in prosecuting offenders who utilize tracking technologies to exert control or instill fear. It outlines specific behaviors, such as using tracking applications or physical following, as forms of harassment, thus providing clearer prosecutorial pathways for law enforcement and victims alike.

Sentiment

Sentiment around HB 2715 appears largely supportive, especially among advocates for victims of family violence. Testimonies from family violence advocates and law enforcement representatives during committee discussions indicated strong backing for the bill, highlighting the urgent need for legal protections against tracking practices that often accompany stalking situations. However, some concerns may arise about the implementation of monitoring technologies and potential overreach in personal privacy, which could spark debate among privacy advocates.

Contention

Notable points of contention include the implications for personal privacy versus the need for victim protection. While proponents argue that the bill is a necessary step to safeguard individuals from unwanted surveillance, opponents may caution against potential misuse of the legal framework, particularly concerning privacy rights. Balancing the need for victim protection with individual liberties could be a significant theme as the bill moves towards implementation.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 7. Proceedings Before Magistrates To Prevent Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 17. Bail
    • Section: 292
    • Section: 49
    • Section: New Section
    • Section: 292
    • Section: 292
    • Section: 292

Penal Code

  • Chapter 25. Offenses Against The Family
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section

Family Code

  • Chapter 6. Suit For Dissolution Of Marriage
    • Section: 501
    • Section: 501
    • Section: 501
    • Section: 501
    • Section: 501
  • Chapter 85. Issuance Of Protective Order
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

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