5 | 2 | | |
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6 | 3 | | |
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7 | 4 | | |
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8 | 5 | | |
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9 | 6 | | A BILL TO BE ENTITLED |
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10 | 7 | | AN ACT |
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11 | 8 | | relating to increasing the criminal penalty for certain violations |
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12 | 9 | | of certain court orders or conditions of bond in cases involving |
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13 | 10 | | family violence, child abuse or neglect, sexual assault or abuse, |
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14 | 11 | | indecent assault, stalking, or trafficking. |
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15 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 13 | | SECTION 1. Section 25.07(g), Penal Code, is amended to read |
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17 | 14 | | as follows: |
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18 | 15 | | (g) An offense under this section is a Class A misdemeanor, |
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19 | 16 | | except the offense is: |
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20 | 17 | | (1) subject to Subdivision (2), a state jail felony |
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21 | 18 | | if: |
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22 | 19 | | (A) it is shown at the trial of the offense that |
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23 | 20 | | the defendant violated an order issued under Subchapter A, Chapter |
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24 | 21 | | 7B, Code of Criminal Procedure, following the defendant's |
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25 | 22 | | conviction of or placement on deferred adjudication community |
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26 | 23 | | supervision for an offense, if the order was issued with respect to |
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27 | 24 | | a victim of that offense; or |
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28 | 25 | | (B) the defendant violates an order or a |
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29 | 26 | | condition of bond in the manner described by Subsection (a)(1), |
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30 | 27 | | (2), (3), (5), (6), or (7) while possessing a deadly weapon; or |
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31 | 28 | | (2) a felony of the third degree if it is shown on the |
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32 | 29 | | trial of the offense that the defendant: |
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33 | 30 | | (A) has previously been convicted two or more |
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34 | 31 | | times of an offense under this section or two or more times of an |
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35 | 32 | | offense under Section 25.072, or has previously been convicted of |
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36 | 33 | | an offense under this section and an offense under Section 25.072; |
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37 | 34 | | or |
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38 | 35 | | (B) has violated the order or the condition of |
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39 | 36 | | bond by committing an assault or the offense of stalking. |
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40 | 37 | | SECTION 2. Section 25.072(e), Penal Code, is amended to |
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41 | 38 | | read as follows: |
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42 | 39 | | (e) An offense under this section is a felony of the third |
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43 | 40 | | degree, except the offense is a felony of the second degree if it is |
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44 | 41 | | shown on the trial of the offense that at least one time the person |
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45 | 42 | | engaged in conduct that was punishable as a state jail felony under |
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46 | 43 | | Section 25.07(g)(1)(B). |
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47 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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48 | 45 | | an offense committed on or after the effective date of this Act. An |
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49 | 46 | | offense committed before the effective date of this Act is governed |
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50 | 47 | | by the law in effect on the date the offense was committed, and the |
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51 | 48 | | former law is continued in effect for that purpose. For purposes of |
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52 | 49 | | this section, an offense was committed before the effective date of |
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53 | 50 | | this Act if any element of the offense occurred before that date. |
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54 | 51 | | SECTION 4. This Act takes effect September 1, 2025. |
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