TX
Texas House Bill HB368

Texas 2025 - 89th Regular

Texas House Bill HB368

Filed
11/12/24  
Out of House Committee
4/16/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition on remotely controlling electronic devices of certain individuals and to the criminal prosecution of that conduct.

Impact

The passage of HB 368 will amend specific articles in the Texas Code of Criminal Procedure and Family Code, bringing about a tightening of regulations concerning electronic tracking and monitoring as part of protective orders. It facilitates the legal framework to empower courts to prohibit offenders from engaging in such behaviors, thereby enhancing the protection of victims. The bill will require judges to consider the implications of defendants’ abilities to control devices that could compromise the safety of protected individuals.

Summary

House Bill 368 introduces significant reforms related to the use of electronic devices in situations involving family violence and harassment. Specifically, the bill prohibits individuals, as mandated by protective orders, from remotely controlling electronic devices that might impact the residence, vehicle, or property of individuals protected under these orders. This new legislation aims to strengthen protections for victims of domestic violence, ensuring that offenders cannot utilize technology to exert control or intimidation remotely.

Sentiment

The response surrounding HB 368 has largely been supportive among victims' advocates and organizations focused on domestic violence prevention. Supporters argue that the bill represents a necessary step forward in modernizing laws to account for the prevalent use of technology in abusive relationships. However, some concerns have also been raised regarding potential overreach and the technical feasibility of enforcing these restrictions, indicating that the sentiment, while overall favorable, is accompanied by caution and calls for clarity in implementation.

Contention

Notable points of contention during discussions about HB 368 revolved around the implications of prohibiting remote control of devices. Critics questioned how the law will be enforced, particularly in situations where technological abuse may not be easily identifiable. There are also concerns about how the definitions used in the bill will be interpreted in legal contexts, possibly leading to challenges in enforcement. Nonetheless, the overarching purpose of the bill remains focused on safeguarding victims of family violence from further harm through the misuse of technology.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 6. Suit For Dissolution Of Marriage
    • Section: 501
    • Section: 501
  • Chapter 85. Issuance Of Protective Order
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 17. Bail
    • Section: 49
    • Section: 292
    • Section: 292
    • Section: 49
    • Section: 292
    • Section: 49
    • Section: 292
    • Section: 49
  • Chapter 7. Proceedings Before Magistrates To Prevent Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 25. Offenses Against The Family
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB1784

Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.

TX HB3996

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB1274

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB7

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB5

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX SB73

Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.

TX HB2454

Relating to the unlawful acquisition of certain weapons; creating a criminal offense.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB2837

Relating to prohibiting a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes; imposing a civil penalty.

Similar Bills

TX HB2715

Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.

TX HB1606

Relating to the prosecution of the offenses of harassment and stalking.

OK HB3286

Stalking and protective orders; increasing and adding penalties; effective date.