Texas 2023 - 88th Regular

Texas Senate Bill SB1717

Filed
3/7/23  
Out of Senate Committee
3/30/23  
Voted on by Senate
4/12/23  
Out of House Committee
5/19/23  
Voted on by House
5/23/23  
Governor Action
6/18/23  

Caption

Relating to the prosecution of the offense of stalking.

Impact

The implementation of SB 1717 is expected to significantly impact the legal landscape around stalking and domestic violence in Texas. As studies indicate that a large percentage of stalking victims know their assailants, particularly in domestic contexts, this legislation aims to create a more supportive framework for legal action. The bill is considered a step forward in addressing the lethality associated with stalking behaviors, as it aims to intervene earlier in the cycle of violence that can lead to more severe crimes. The change in law, effective as of September 1, 2023, ensures that new standards apply to stalking prosecutions, which may lead to more convictions and protective measures for victims.

Summary

Senate Bill 1717, relating to the prosecution of stalking, aims to enhance the clarity and effectiveness of Texas's existing stalking laws, specifically in cases involving current or former intimate partners with a history of domestic abuse. This bill updates the Texas Penal Code to ensure that the testimony regarding the conduct of the accused reflects a reasonable person's fear based on the circumstances surrounding the victim. By providing clearer guidelines on what constitutes stalking in intimate partner scenarios, the bill is designed to protect victims more effectively and facilitate justice before these situations escalate into more severe crimes such as homicide.

Sentiment

The sentiment surrounding SB 1717 is largely positive among advocates for domestic violence victims. Many stakeholders, including representatives from the Texas Council on Family Violence, have expressed strong support for the bill, highlighting its potential to save lives by preventing homicides linked to stalking. However, while there is broad agreement on the necessity for change and increased clarity, some concerns about the adequacy of enforcement mechanisms and resources for victims remain at the forefront of discussions. Overall, the bill reflects a commitment within the Texas legislature to address and combat domestic violence more effectively.

Contention

Notably, while SB 1717 has received wide support among legislators and advocates, discussions have revealed varying opinions about how to best implement the new legal standards. Some critics express concerns about the ability of law enforcement and the judicial system to effectively enforce the updated stalking definitions and provide adequate victim support services. The tension lies between creating more stringent legal measures while ensuring that resources are available for those impacted by stalking and domestic violence. The successful passage of SB 1717 indicates a prevailing perspective prioritizing victim protection but also underscores the need for careful consideration of implementation strategies.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 38. Evidence In Criminal Actions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: 46

Penal Code

  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: 072
    • Section: 072
    • Section: 072
    • Section: 072

Family Code

  • Chapter 71. Definitions
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3994

Very Similar Relating to the prosecution of the offense of stalking.

Similar Bills

No similar bills found.