88R9984 MZM-F
By: Jones of Harris H.B. No. 3994
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of stalking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.46(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In a prosecution for stalking, each party may offer
testimony as to all relevant facts and circumstances that would aid
the trier of fact in determining whether the actor's conduct would
cause a reasonable person in circumstances similar to the
circumstances of the alleged victim to experience a fear described
by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including:
(1) the facts and circumstances surrounding any
existing or previous relationship between the actor and the alleged
victim, a member of the alleged victim's family or household, or an
individual with whom the alleged victim has a dating relationship;
and
(2) if a prosecution for stalking involves family
violence, as defined by Section 71.004, Family Code, and the
actor's previous conduct constituting stalking of another person
was known to the victim, the actor's previous conduct constituting
stalking of that other person.
SECTION 2. Section 42.072(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person, on more than
one occasion and pursuant to the same scheme or course of conduct
that is directed [specifically] at a specific other [another]
person, knowingly engages in conduct that:
(1) constitutes an offense under Section 42.07, or
that the actor knows or reasonably should know the other person will
regard as threatening:
(A) bodily injury or death for the other person;
or
(B) that an offense will be committed against:
(i) [bodily injury or death for] a member of
the other person's family or household; [or]
(ii) [for] an individual with whom the
other person has a dating relationship; or
(iii) [(C) that an offense will be
committed against] the other person's property;
(2) causes the other person, a member of the other
person's family or household, or an individual with whom the other
person has a dating relationship:
(A) to be placed in fear of bodily injury or death
or in fear that an offense will be committed against the other
person, a member of the other person's family or household, or an
individual with whom the other person has a dating relationship, or
the other person's property;[,] or
(B) to feel harassed, annoyed, alarmed, abused,
tormented, embarrassed, or offended; and
(3) would cause a reasonable person under
circumstances similar to the circumstances of the other person to:
(A) fear bodily injury or death for the person
[himself or herself];
(B) fear that an offense will be committed
against [bodily injury or death for] a member of the person's family
or household or [for] an individual with whom the person has a
dating relationship;
(C) fear that an offense will be committed
against the person's property; or
(D) feel harassed, annoyed, alarmed, abused,
tormented, embarrassed, or offended.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.