H.B. No. 2645

	AN ACT
	relating to the prosecution of certain offenses involving family
	violence and to the violation of certain court orders or conditions
	of bond in a family violence, sexual assault or abuse, or stalking
	case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 38, Code of Criminal Procedure, is
	amended by adding Article 38.371 to read as follows:
	Art. 38.371.  EVIDENCE IN PROSECUTIONS OF CERTAIN OFFENSES
	INVOLVING FAMILY VIOLENCE. (a)  This article applies to a
	proceeding in the prosecution of a defendant for an offense, or for
	an attempt or conspiracy to commit an offense, that is committed
	under:
	(1)  Section 22.01 or 22.02, Penal Code, against a
	person whose relationship to or association with the defendant is
	described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
	(2)  Section 25.07 or 25.072, Penal Code, if the
	offense is based on a violation of an order or a condition of bond in
	a case involving family violence.
	(b)  In the prosecution of an offense described by Subsection
	(a), subject to the Texas Rules of Evidence or other applicable law,
	each party may offer testimony or other evidence of all relevant
	facts and circumstances that would assist the trier of fact in
	determining whether the actor committed the offense described by
	Subsection (a), including testimony or evidence regarding the
	nature of the relationship between the actor and the alleged
	victim.
	(c)  This article does not permit the presentation of
	character evidence that would otherwise be inadmissible under the
	Texas Rules of Evidence or other applicable law.
	SECTION 2.  Section 25.07(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if, in violation of a
	condition of bond set in a family violence, sexual assault or abuse,
	or stalking case and related to the safety of a victim or the safety
	of the community, an order issued under Article 17.292, Code of
	Criminal Procedure, an order issued under Section 6.504, Family
	Code, Chapter 83, Family Code, if the temporary ex parte order has
	been served on the person, or Chapter 85, Family Code, or an order
	issued by another jurisdiction as provided by Chapter 88, Family
	Code, the person knowingly or intentionally:
	(1)  commits family violence or an act in furtherance
	of an offense under Section 22.011, 22.021, or 42.072;
	(2)  communicates:
	(A)  directly with a protected individual or a
	member of the family or household in a threatening or harassing
	manner;
	(B)  a threat through any person to a protected
	individual or a member of the family or household; or
	(C)  in any manner with the protected individual
	or a member of the family or household except through the person's
	attorney or a person appointed by the court, if the violation is of
	an order described by this subsection and the order prohibits any
	communication with a protected individual or a member of the family
	or household;
	(3)  goes to or near any of the following places as
	specifically described in the order or condition of bond:
	(A)  the residence or place of employment or
	business of a protected individual or a member of the family or
	household; or
	(B)  any child care facility, residence, or school
	where a child protected by the order or condition of bond normally
	resides or attends;
	(4)  possesses a firearm; [or]
	(5)  harms, threatens, or interferes with the care,
	custody, or control of a pet, companion animal, or assistance
	animal that is possessed by a person protected by the order; or
	(6)  removes, attempts to remove, or otherwise tampers
	with the normal functioning of a global positioning monitoring
	system.
	SECTION 3.  Section 25.07(b), Penal Code, is amended by
	adding Subdivision (2-a) to read as follows:
	(2-a)  "Global positioning monitoring system" has the
	meaning assigned by Article 17.49, Code of Criminal Procedure.
	SECTION 4.  (a)  The change in law made by this Act in adding
	Article 38.371, Code of Criminal Procedure, applies to the
	admissibility of evidence in a criminal proceeding that commences
	on or after the effective date of this Act. The admissibility of
	evidence in a criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect on the
	date the proceeding commenced, and the former law is continued in
	effect for that purpose.
	(b)  The change in law made by this Act in amending Section
	25.07, Penal Code, 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 subsection, an
	offense was committed before the effective date of this Act if any
	element of the offense occurred before that date.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2645 was passed by the House on May 7,
	2015, by the following vote:  Yeas 140, Nays 1, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2645 on May 28, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2645 on May 31, 2015, by the following vote:  Yeas 143,
	Nays 1, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2645 was passed by the Senate, with
	amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2645 on May 30, 2015, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor