Texas 2023 - 88th Regular

Texas House Bill HB3994 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9984 MZM-F
2	2	By: Jones of Harris H.B. No. 3994
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense of stalking.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 38.46(a), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(a) In a prosecution for stalking, each party may offer
12	12	testimony as to all relevant facts and circumstances that would aid
13	13	the trier of fact in determining whether the actor's conduct would
14	14	cause a reasonable person in circumstances similar to the
15	15	circumstances of the alleged victim to experience a fear described
16	16	by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including:
17	17	(1) the facts and circumstances surrounding any
18	18	existing or previous relationship between the actor and the alleged
19	19	victim, a member of the alleged victim's family or household, or an
20	20	individual with whom the alleged victim has a dating relationship;
21	21	and
22	22	(2) if a prosecution for stalking involves family
23	23	violence, as defined by Section 71.004, Family Code, and the
24	24	actor's previous conduct constituting stalking of another person
25	25	was known to the victim, the actor's previous conduct constituting
26	26	stalking of that other person.
27	27	SECTION 2. Section 42.072(a), Penal Code, is amended to
28	28	read as follows:
29	29	(a) A person commits an offense if the person, on more than
30	30	one occasion and pursuant to the same scheme or course of conduct
31	31	that is directed [specifically] at a specific other [another]
32	32	person, knowingly engages in conduct that:
33	33	(1) constitutes an offense under Section 42.07, or
34	34	that the actor knows or reasonably should know the other person will
35	35	regard as threatening:
36	36	(A) bodily injury or death for the other person;
37	37	or
38	38	(B) that an offense will be committed against:
39	39	(i) [bodily injury or death for] a member of
40	40	the other person's family or household; [or]
41	41	(ii) [for] an individual with whom the
42	42	other person has a dating relationship; or
43	43	(iii) [(C) that an offense will be
44	44	committed against] the other person's property;
45	45	(2) causes the other person, a member of the other
46	46	person's family or household, or an individual with whom the other
47	47	person has a dating relationship:
48	48	(A) to be placed in fear of bodily injury or death
49	49	or in fear that an offense will be committed against the other
50	50	person, a member of the other person's family or household, or an
51	51	individual with whom the other person has a dating relationship, or
52	52	the other person's property;[,] or
53	53	(B) to feel harassed, annoyed, alarmed, abused,
54	54	tormented, embarrassed, or offended; and
55	55	(3) would cause a reasonable person under
56	56	circumstances similar to the circumstances of the other person to:
57	57	(A) fear bodily injury or death for the person
58	58	[himself or herself];
59	59	(B) fear that an offense will be committed
60	60	against [bodily injury or death for] a member of the person's family
61	61	or household or [for] an individual with whom the person has a
62	62	dating relationship;
63	63	(C) fear that an offense will be committed
64	64	against the person's property; or
65	65	(D) feel harassed, annoyed, alarmed, abused,
66	66	tormented, embarrassed, or offended.
67	67	SECTION 3. The change in law made by this Act applies only
68	68	to an offense committed on or after the effective date of this Act.
69	69	An offense committed before the effective date of this Act is
70	70	governed by the law in effect on the date the offense was committed,
71	71	and the former law is continued in effect for that purpose. For
72	72	purposes of this section, an offense was committed before the
73	73	effective date of this Act if any element of the offense occurred
74	74	before that date.
75	75	SECTION 4. This Act takes effect September 1, 2023.