Texas 2023 - 88th Regular

Texas House Bill HB2715 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 2715
2	2
3	3
4	4	AN ACT
5	5	relating to a prohibition on following an individual and tracking
6	6	or monitoring the individual's personal property or motor vehicle
7	7	and to the criminal prosecution of that conduct.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 7B.005(a), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(a) In a protective order issued under this subchapter, the
12	12	court may:
13	13	(1) order the alleged offender to take action as
14	14	specified by the court that the court determines is necessary or
15	15	appropriate to prevent or reduce the likelihood of future harm to
16	16	the applicant or a member of the applicant's family or household; or
17	17	(2) prohibit the alleged offender from:
18	18	(A) communicating:
19	19	(i) directly or indirectly with the
20	20	applicant or any member of the applicant's family or household in a
21	21	threatening or harassing manner; or
22	22	(ii) in any manner with the applicant or any
23	23	member of the applicant's family or household except through the
24	24	applicant's attorney or a person appointed by the court, if the
25	25	court finds good cause for the prohibition;
26	26	(B) going to or near the residence, place of
27	27	employment or business, or child-care facility or school of the
28	28	applicant or any member of the applicant's family or household;
29	29	(C) engaging in conduct directed specifically
30	30	toward the applicant or any member of the applicant's family or
31	31	household, including following the person, that is reasonably
32	32	likely to harass, annoy, alarm, abuse, torment, or embarrass the
33	33	person; [and]
34	34	(D) possessing a firearm, unless the alleged
35	35	offender is a peace officer, as defined by Section 1.07, Penal Code,
36	36	actively engaged in employment as a sworn, full-time paid employee
37	37	of a state agency or political subdivision; and
38	38	(E) tracking or monitoring personal property or a
39	39	motor vehicle in the possession of the applicant or of a member of
40	40	the applicant's family or household, without the applicant's
41	41	effective consent, including by:
42	42	(i) using a tracking application on a
43	43	personal electronic device in the possession of the applicant or
44	44	the family or household member or using a tracking device; or
45	45	(ii) physically following the applicant or
46	46	the family or household member or causing another to physically
47	47	follow the applicant or member.
48	48	SECTION 2. Article 17.292(c), Code of Criminal Procedure,
49	49	is amended to read as follows:
50	50	(c) The magistrate in the order for emergency protection may
51	51	prohibit the arrested party from:
52	52	(1) committing:
53	53	(A) family violence or an assault on the person
54	54	protected under the order; or
55	55	(B) an act in furtherance of an offense under
56	56	Section 20A.02 or 42.072, Penal Code;
57	57	(2) communicating:
58	58	(A) directly with a member of the family or
59	59	household or with the person protected under the order in a
60	60	threatening or harassing manner;
61	61	(B) a threat through any person to a member of the
62	62	family or household or to the person protected under the order; or
63	63	(C) if the magistrate finds good cause, in any
64	64	manner with a person protected under the order or a member of the
65	65	family or household of a person protected under the order, except
66	66	through the party's attorney or a person appointed by the court;
67	67	(3) going to or near:
68	68	(A) the residence, place of employment, or
69	69	business of a member of the family or household or of the person
70	70	protected under the order; or
71	71	(B) the residence, child care facility, or school
72	72	where a child protected under the order resides or attends; [or]
73	73	(4) possessing a firearm, unless the person is a peace
74	74	officer, as defined by Section 1.07, Penal Code, actively engaged
75	75	in employment as a sworn, full-time paid employee of a state agency
76	76	or political subdivision; or
77	77	(5) tracking or monitoring personal property or a
78	78	motor vehicle in the possession of the person protected under the
79	79	order or of a member of the family or household of the person
80	80	protected under the order, without the protected person's effective
81	81	consent, including by:
82	82	(A) using a tracking application on a personal
83	83	electronic device in the possession of the person or the family or
84	84	household member or using a tracking device; or
85	85	(B) physically following the person or the family
86	86	or household member or causing another to physically follow the
87	87	person or member.
88	88	SECTION 3. Article 17.49(b), Code of Criminal Procedure, is
89	89	amended to read as follows:
90	90	(b) A magistrate may require as a condition of release on
91	91	bond that a defendant charged with an offense involving family
92	92	violence:
93	93	(1) refrain from going to or near a residence, school,
94	94	place of employment, or other location, as specifically described
95	95	in the bond, frequented by an alleged victim of the offense;
96	96	(2) carry or wear a global positioning monitoring
97	97	system device and, except as provided by Subsection (h), pay a
98	98	reimbursement fee for the costs associated with operating that
99	99	system in relation to the defendant; [or]
100	100	(3) except as provided by Subsection (h), if the
101	101	alleged victim of the offense consents after receiving the
102	102	information described by Subsection (d), pay a reimbursement fee
103	103	for the costs associated with providing the victim with an
104	104	electronic receptor device that:
105	105	(A) is capable of receiving the global
106	106	positioning monitoring system information from the device carried
107	107	or worn by the defendant; and
108	108	(B) notifies the victim if the defendant is at or
109	109	near a location that the defendant has been ordered to refrain from
110	110	going to or near under Subdivision (1); or
111	111	(4) refrain from tracking or monitoring personal
112	112	property or a motor vehicle in the possession of the alleged victim
113	113	of the offense, without the victim's effective consent, including
114	114	by:
115	115	(A) using a tracking application on a personal
116	116	electronic device in the possession of the victim or using a
117	117	tracking device; or
118	118	(B) physically following the victim or causing
119	119	another to physically follow the victim.
120	120	SECTION 4. Section 6.501(a), Family Code, is amended to
121	121	read as follows:
122	122	(a) After the filing of a suit for dissolution of a
123	123	marriage, on the motion of a party or on the court's own motion, the
124	124	court may grant a temporary restraining order without notice to the
125	125	adverse party for the preservation of the property and for the
126	126	protection of the parties as necessary, including an order
127	127	prohibiting one or both parties from:
128	128	(1) intentionally communicating in person or in any
129	129	other manner, including by telephone or another electronic voice
130	130	transmission, video chat, in writing, or electronic messaging, with
131	131	the other party by use of vulgar, profane, obscene, or indecent
132	132	language or in a coarse or offensive manner, with intent to annoy or
133	133	alarm the other party;
134	134	(2) threatening the other party in person or in any
135	135	other manner, including by telephone or another electronic voice
136	136	transmission, video chat, in writing, or electronic messaging, to
137	137	take unlawful action against any person, intending by this action
138	138	to annoy or alarm the other party;
139	139	(3) placing a telephone call, anonymously, at an
140	140	unreasonable hour, in an offensive and repetitious manner, or
141	141	without a legitimate purpose of communication with the intent to
142	142	annoy or alarm the other party;
143	143	(4) intentionally, knowingly, or recklessly causing
144	144	bodily injury to the other party or to a child of either party;
145	145	(5) threatening the other party or a child of either
146	146	party with imminent bodily injury;
147	147	(6) intentionally, knowingly, or recklessly
148	148	destroying, removing, concealing, encumbering, transferring, or
149	149	otherwise harming or reducing the value of the property of the
150	150	parties or either party with intent to obstruct the authority of the
151	151	court to order a division of the estate of the parties in a manner
152	152	that the court deems just and right, having due regard for the
153	153	rights of each party and any children of the marriage;
154	154	(7) intentionally falsifying a writing or record,
155	155	including an electronic record, relating to the property of either
156	156	party;
157	157	(8) intentionally misrepresenting or refusing to
158	158	disclose to the other party or to the court, on proper request, the
159	159	existence, amount, or location of any tangible or intellectual
160	160	property of the parties or either party, including electronically
161	161	stored or recorded information;
162	162	(9) intentionally or knowingly damaging or destroying
163	163	the tangible or intellectual property of the parties or either
164	164	party, including electronically stored or recorded information;
165	165	(10) intentionally or knowingly tampering with the
166	166	tangible or intellectual property of the parties or either party,
167	167	including electronically stored or recorded information, and
168	168	causing pecuniary loss or substantial inconvenience to the other
169	169	party;
170	170	(11) except as specifically authorized by the court:
171	171	(A) selling, transferring, assigning,
172	172	mortgaging, encumbering, or in any other manner alienating any of
173	173	the property of the parties or either party, regardless of whether
174	174	the property is:
175	175	(i) personal property, real property, or
176	176	intellectual property; or
177	177	(ii) separate or community property;
178	178	(B) incurring any debt, other than legal expenses
179	179	in connection with the suit for dissolution of marriage;
180	180	(C) withdrawing money from any checking or
181	181	savings account in a financial institution for any purpose;
182	182	(D) spending any money in either party's
183	183	possession or subject to either party's control for any purpose;
184	184	(E) withdrawing or borrowing money in any manner
185	185	for any purpose from a retirement, profit sharing, pension, death,
186	186	or other employee benefit plan, employee savings plan, individual
187	187	retirement account, or Keogh account of either party; or
188	188	(F) withdrawing or borrowing in any manner all or
189	189	any part of the cash surrender value of a life insurance policy on
190	190	the life of either party or a child of the parties;
191	191	(12) entering any safe deposit box in the name of or
192	192	subject to the control of the parties or either party, whether
193	193	individually or jointly with others;
194	194	(13) changing or in any manner altering the
195	195	beneficiary designation on any life insurance policy on the life of
196	196	either party or a child of the parties;
197	197	(14) canceling, altering, failing to renew or pay
198	198	premiums on, or in any manner affecting the level of coverage that
199	199	existed at the time the suit was filed of, any life, casualty,
200	200	automobile, or health insurance policy insuring the parties'
201	201	property or persons, including a child of the parties;
202	202	(15) opening or diverting mail or e-mail or any other
203	203	electronic communication addressed to the other party;
204	204	(16) signing or endorsing the other party's name on any
205	205	negotiable instrument, check, or draft, including a tax refund,
206	206	insurance payment, and dividend, or attempting to negotiate any
207	207	negotiable instrument payable to the other party without the
208	208	personal signature of the other party;
209	209	(17) taking any action to terminate or limit credit or
210	210	charge credit cards in the name of the other party;
211	211	(18) discontinuing or reducing the withholding for
212	212	federal income taxes from either party's wages or salary;
213	213	(19) destroying, disposing of, or altering any
214	214	financial records of the parties, including a canceled check,
215	215	deposit slip, and other records from a financial institution, a
216	216	record of credit purchases or cash advances, a tax return, and a
217	217	financial statement;
218	218	(20) destroying, disposing of, or altering any e-mail,
219	219	text message, video message, or chat message or other electronic
220	220	data or electronically stored information relevant to the subject
221	221	matter of the suit for dissolution of marriage, regardless of
222	222	whether the information is stored on a hard drive, in a removable
223	223	storage device, in cloud storage, or in another electronic storage
224	224	medium;
225	225	(21) modifying, changing, or altering the native
226	226	format or metadata of any electronic data or electronically stored
227	227	information relevant to the subject matter of the suit for
228	228	dissolution of marriage, regardless of whether the information is
229	229	stored on a hard drive, in a removable storage device, in cloud
230	230	storage, or in another electronic storage medium;
231	231	(22) deleting any data or content from any social
232	232	network profile used or created by either party or a child of the
233	233	parties;
234	234	(23) using any password or personal identification
235	235	number to gain access to the other party's e-mail account, bank
236	236	account, social media account, or any other electronic account;
237	237	(24) terminating or in any manner affecting the
238	238	service of water, electricity, gas, telephone, cable television, or
239	239	any other contractual service, including security, pest control,
240	240	landscaping, or yard maintenance at the residence of either party,
241	241	or in any manner attempting to withdraw any deposit paid in
242	242	connection with any of those services;
243	243	(25) excluding the other party from the use and
244	244	enjoyment of a specifically identified residence of the other
245	245	party; [or]
246	246	(26) entering, operating, or exercising control over a
247	247	motor vehicle in the possession of the other party; or
248	248	(27) tracking or monitoring personal property or a
249	249	motor vehicle in the possession of a party, without that party's
250	250	effective consent, including by:
251	251	(A) using a tracking application on a personal
252	252	electronic device in the possession of that party or using a
253	253	tracking device; or
254	254	(B) physically following that party or causing
255	255	another to physically follow that party.
256	256	SECTION 5. Section 85.022(b), Family Code, is amended to
257	257	read as follows:
258	258	(b) In a protective order, the court may prohibit the person
259	259	found to have committed family violence from:
260	260	(1) committing family violence;
261	261	(2) communicating:
262	262	(A) directly with a person protected by an order
263	263	or a member of the family or household of a person protected by an
264	264	order, in a threatening or harassing manner;
265	265	(B) a threat through any person to a person
266	266	protected by an order or a member of the family or household of a
267	267	person protected by an order; and
268	268	(C) if the court finds good cause, in any manner
269	269	with a person protected by an order or a member of the family or
270	270	household of a person protected by an order, except through the
271	271	party's attorney or a person appointed by the court;
272	272	(3) going to or near the residence or place of
273	273	employment or business of a person protected by an order or a member
274	274	of the family or household of a person protected by an order;
275	275	(4) going to or near the residence, child-care
276	276	facility, or school a child protected under the order normally
277	277	attends or in which the child normally resides;
278	278	(5) engaging in conduct directed specifically toward a
279	279	person who is a person protected by an order or a member of the
280	280	family or household of a person protected by an order, including
281	281	following the person, that is reasonably likely to harass, annoy,
282	282	alarm, abuse, torment, or embarrass the person;
283	283	(6) possessing a firearm, unless the person is a peace
284	284	officer, as defined by Section 1.07, Penal Code, actively engaged
285	285	in employment as a sworn, full-time paid employee of a state agency
286	286	or political subdivision; [and]
287	287	(7) harming, threatening, or interfering with the
288	288	care, custody, or control of a pet, companion animal, or assistance
289	289	animal, as defined by Section 121.002, Human Resources Code, that
290	290	is possessed by or is in the actual or constructive care of a person
291	291	protected by an order or by a member of the family or household of a
292	292	person protected by an order; and
293	293	(8) tracking or monitoring personal property or a
294	294	motor vehicle in the possession of a person protected by an order or
295	295	of a member of the family or household of a person protected by an
296	296	order, without the person's effective consent, including by:
297	297	(A) using a tracking application on a personal
298	298	electronic device in the possession of the person or the family or
299	299	household member or using a tracking device; or
300	300	(B) physically following the person or the family
301	301	or household member or causing another to physically follow the
302	302	person or member.
303	303	SECTION 6. Section 25.07(a), Penal Code, is amended to read
304	304	as follows:
305	305	(a) A person commits an offense if, in violation of a
306	306	condition of bond set in a family violence, sexual assault or abuse,
307	307	indecent assault, stalking, or trafficking case and related to the
308	308	safety of a victim or the safety of the community, an order issued
309	309	under Subchapter A, Chapter 7B, Code of Criminal Procedure, an
310	310	order issued under Article 17.292, Code of Criminal Procedure, an
311	311	order issued under Section 6.504, Family Code, Chapter 83, Family
312	312	Code, if the temporary ex parte order has been served on the person,
313	313	Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
314	314	or an order issued by another jurisdiction as provided by Chapter
315	315	88, Family Code, the person knowingly or intentionally:
316	316	(1) commits family violence or an act in furtherance
317	317	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
318	318	42.072;
319	319	(2) communicates:
320	320	(A) directly with a protected individual or a
321	321	member of the family or household in a threatening or harassing
322	322	manner;
323	323	(B) a threat through any person to a protected
324	324	individual or a member of the family or household; or
325	325	(C) in any manner with the protected individual
326	326	or a member of the family or household except through the person's
327	327	attorney or a person appointed by the court, if the violation is of
328	328	an order described by this subsection and the order prohibits any
329	329	communication with a protected individual or a member of the family
330	330	or household;
331	331	(3) goes to or near any of the following places as
332	332	specifically described in the order or condition of bond:
333	333	(A) the residence or place of employment or
334	334	business of a protected individual or a member of the family or
335	335	household; or
336	336	(B) any child care facility, residence, or school
337	337	where a child protected by the order or condition of bond normally
338	338	resides or attends;
339	339	(4) possesses a firearm;
340	340	(5) harms, threatens, or interferes with the care,
341	341	custody, or control of a pet, companion animal, or assistance
342	342	animal that is possessed by a person protected by the order or
343	343	condition of bond; [or]
344	344	(6) removes, attempts to remove, or otherwise tampers
345	345	with the normal functioning of a global positioning monitoring
346	346	system; or
347	347	(7) tracks or monitors personal property or a motor
348	348	vehicle in the possession of a protected individual or of a member
349	349	of the family or household of a protected individual, without the
350	350	individual's effective consent, including by:
351	351	(A) using a tracking application on a personal
352	352	electronic device in the possession of the protected individual or
353	353	the family or household member or using a tracking device; or
354	354	(B) physically following the protected
355	355	individual or family or household member or causing another to
356	356	physically follow the individual or member.
357	357	SECTION 7. Section 42.07, Penal Code, is amended by
358	358	amending Subsection (a) and adding Subsection (e) to read as
359	359	follows:
360	360	(a) A person commits an offense if, with intent to harass,
361	361	annoy, alarm, abuse, torment, or embarrass another, the person:
362	362	(1) initiates communication and in the course of the
363	363	communication makes a comment, request, suggestion, or proposal
364	364	that is obscene;
365	365	(2) threatens, in a manner reasonably likely to alarm
366	366	the person receiving the threat, to inflict bodily injury on the
367	367	person or to commit a felony against the person, a member of the
368	368	person's family or household, or the person's property;
369	369	(3) conveys, in a manner reasonably likely to alarm
370	370	the person receiving the report, a false report, which is known by
371	371	the conveyor to be false, that another person has suffered death or
372	372	serious bodily injury;
373	373	(4) causes the telephone of another to ring repeatedly
374	374	or makes repeated telephone communications anonymously or in a
375	375	manner reasonably likely to harass, annoy, alarm, abuse, torment,
376	376	embarrass, or offend another;
377	377	(5) makes a telephone call and intentionally fails to
378	378	hang up or disengage the connection;
379	379	(6) knowingly permits a telephone under the person's
380	380	control to be used by another to commit an offense under this
381	381	section;
382	382	(7) sends repeated electronic communications in a
383	383	manner reasonably likely to harass, annoy, alarm, abuse, torment,
384	384	embarrass, or offend another; [or]
385	385	(8) publishes on an Internet website, including a
386	386	social media platform, repeated electronic communications in a
387	387	manner reasonably likely to cause emotional distress, abuse, or
388	388	torment to another person, unless the communications are made in
389	389	connection with a matter of public concern; or
390	390	(9) tracks or monitors the personal property or motor
391	391	vehicle of another person, without the other person's effective
392	392	consent, including by:
393	393	(A) using a tracking application on the person's
394	394	personal electronic device or using a tracking device; or
395	395	(B) physically following the other person or
396	396	causing any person to physically follow the other person.
397	397	(e) For purposes of Subsection (a)(9), it is presumed that a
398	398	person did not give effective consent to the actor's conduct if:
399	399	(1) an application for a protective or restraining
400	400	order against or with respect to the actor has been filed by or on
401	401	behalf of the person under Subchapter A, Chapter 7B, Code of
402	402	Criminal Procedure, Article 17.292, Code of Criminal Procedure,
403	403	Section 6.504, Family Code, or Subtitle B, Title 4, Family Code, or
404	404	an order has been issued against or with respect to the actor under
405	405	one of those provisions; or
406	406	(2) the person is married to the actor and a petition
407	407	for dissolution of marriage has been filed, or the person was
408	408	previously married to the actor and the marriage has been
409	409	dissolved.
410	410	SECTION 8. (a) Article 7B.005, Code of Criminal Procedure,
411	411	as amended by this Act, and Sections 6.501 and 85.022, Family Code,
412	412	as amended by this Act, apply only to a protective or restraining
413	413	order rendered on or after the effective date of this Act. A
414	414	protective or restraining order rendered before the effective date
415	415	of this Act is governed by the law in effect on the date the order
416	416	was rendered, and the former law is continued in effect for that
417	417	purpose.
418	418	(b) Article 17.292, Code of Criminal Procedure, as amended
419	419	by this Act, applies only to a magistrate's order for emergency
420	420	protection entered on or after the effective date of this Act. A
421	421	magistrate's order for emergency protection entered before the
422	422	effective date of this Act is governed by the law in effect on the
423	423	date the order was entered, and the former law is continued in
424	424	effect for that purpose.
425	425	(c) Article 17.49, Code of Criminal Procedure, as amended by
426	426	this Act, applies only to a defendant released on bond in connection
427	427	with an offense committed on or after the effective date of this
428	428	Act. A defendant released on bond in connection with an offense
429	429	committed before the effective date of this Act is governed by the
430	430	law in effect when the offense was committed, and the former law is
431	431	continued in effect for that purpose. For purposes of this
432	432	subsection, an offense was committed before the effective date of
433	433	this Act if any element of the offense occurred before that date.
434	434	(d) Sections 25.07 and 42.07, Penal Code, as amended by this
435	435	Act, apply only to an offense committed on or after the effective
436	436	date of this Act. An offense committed before the effective date
437	437	of this Act is governed by the law in effect on the date the offense
438	438	was committed, and the former law is continued in effect for that
439	439	purpose. For purposes of this subsection, an offense was committed
440	440	before the effective date of this Act if any element of the offense
441	441	occurred before that date.
442	442	SECTION 9. This Act takes effect September 1, 2023.
443	443	______________________________ ______________________________
444	444	President of the Senate Speaker of the House
445	445	I certify that H.B. No. 2715 was passed by the House on May 6,
446	446	2023, by the following vote: Yeas 133, Nays 1, 2 present, not
447	447	voting.
448	448	______________________________
449	449	Chief Clerk of the House
450	450	I certify that H.B. No. 2715 was passed by the Senate on May
451	451	24, 2023, by the following vote: Yeas 31, Nays 0.
452	452	______________________________
453	453	Secretary of the Senate
454	454	APPROVED: _____________________
455	455	Date
456	456	_____________________
457	457	Governor