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A BILL TO BE ENTITLED
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AN ACT
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relating to the violation of certain court orders or conditions of |
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bond in a family violence, sexual assault or abuse, stalking, or |
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trafficking case; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 25.07, Penal Code, is |
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amended to read as follows: |
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Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS |
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OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, [OR] |
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STALKING, OR TRAFFICKING CASE. |
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SECTION 2. Section 25.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, in violation of a |
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condition of bond set in a family violence, sexual assault or abuse, |
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[or] stalking, or trafficking case and related to the safety of a |
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victim or the safety of the community, an order issued under Chapter |
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7A, Code of Criminal Procedure, an order issued under Article |
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17.292, Code of Criminal Procedure, an order issued under Section |
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6.504, Family Code, Chapter 83, Family Code, if the temporary ex |
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parte order has been served on the person, or Chapter 85, Family |
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Code, or an order issued by another jurisdiction as provided by |
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Chapter 88, Family Code, the person knowingly or intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 20A.02, 22.011, 22.021, or 42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the violation is of |
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an order described by this subsection and the order prohibits any |
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communication with a protected individual or a member of the family |
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or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order or condition of bond: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order or condition of bond normally |
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resides or attends; |
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(4) possesses a firearm; or |
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(5) harms, threatens, or interferes with the care, |
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custody, or control of a pet, companion animal, or assistance |
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animal that is possessed by a person protected by the order or |
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condition of bond. |
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SECTION 3. Section 25.07(b), Penal Code, is amended by |
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adding Subdivision (7) to read as follows: |
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(7) "Trafficking" means any conduct that constitutes |
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an offense under Section 20A.02. |
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SECTION 4. The heading to Section 25.072, Penal Code, is |
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amended to read as follows: |
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Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR |
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CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, |
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STALKING, OR TRAFFICKING CASE. |
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SECTION 5. Articles 14.03(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Any peace officer may arrest, without warrant: |
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(1) persons found in suspicious places and under |
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circumstances which reasonably show that such persons have been |
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guilty of some felony, violation of Title 9, Chapter 42, Penal Code, |
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breach of the peace, or offense under Section 49.02, Penal Code, or |
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threaten, or are about to commit some offense against the laws; |
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(2) persons who the peace officer has probable cause |
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to believe have committed an assault resulting in bodily injury to |
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another person and the peace officer has probable cause to believe |
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that there is danger of further bodily injury to that person; |
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(3) persons who the peace officer has probable cause |
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to believe have committed an offense defined by Section 25.07, |
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Penal Code [(violation of Protective Order), or by Section 38.112,
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Penal Code (violation of Protective Order issued on basis of sexual
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assault)], if the offense is not committed in the presence of the |
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peace officer; |
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(4) persons who the peace officer has probable cause |
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to believe have committed an offense involving family violence; |
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(5) persons who the peace officer has probable cause |
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to believe have prevented or interfered with an individual's |
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ability to place a telephone call in an emergency, as defined by |
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Section 42.062(d), Penal Code, if the offense is not committed in |
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the presence of the peace officer; or |
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(6) a person who makes a statement to the peace officer |
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that would be admissible against the person under Article 38.21 and |
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establishes probable cause to believe that the person has committed |
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a felony. |
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(b) A peace officer shall arrest, without a warrant, a |
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person the peace officer has probable cause to believe has |
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committed an offense under Section 25.07, Penal Code [(violation of
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Protective Order), or Section 38.112, Penal Code (violation of
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Protective Order issued on basis of sexual assault)], if the |
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offense is committed in the presence of the peace officer. |
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SECTION 6. Sections 411.042(b) and (g), Government Code, |
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are amended to read as follows: |
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(b) The bureau of identification and records shall: |
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(1) procure and file for record photographs, pictures, |
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descriptions, fingerprints, measurements, and other pertinent |
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information of all persons arrested for or charged with a criminal |
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offense or convicted of a criminal offense, regardless of whether |
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the conviction is probated; |
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(2) collect information concerning the number and |
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nature of offenses reported or known to have been committed in the |
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state and the legal steps taken in connection with the offenses, and |
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other information useful in the study of crime and the |
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administration of justice, including information that enables the |
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bureau to create a statistical breakdown of: |
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(A) offenses in which family violence was |
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involved; |
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(B) offenses under Sections 22.011 and 22.021, |
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Penal Code; and |
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(C) offenses under Sections 20A.02 and 43.05, |
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Penal Code; |
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(3) make ballistic tests of bullets and firearms and |
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chemical analyses of bloodstains, cloth, materials, and other |
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substances for law enforcement officers of the state; |
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(4) cooperate with identification and crime records |
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bureaus in other states and the United States Department of |
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Justice; |
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(5) maintain a list of all previous background checks |
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for applicants for any position regulated under Chapter 1702, |
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Occupations Code, who have undergone a criminal history background |
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check under Section 411.119, if the check indicates a Class B |
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misdemeanor or equivalent offense or a greater offense; |
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(6) collect information concerning the number and |
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nature of protective orders and all other pertinent information |
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about all persons on active protective orders, including pertinent |
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information about persons subject to conditions of bond imposed for |
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the protection of the victim in any family violence, sexual assault |
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or abuse, [or] stalking, or trafficking case. Information in the |
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law enforcement information system relating to an active protective |
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order shall include: |
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(A) the name, sex, race, date of birth, personal |
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descriptors, address, and county of residence of the person to whom |
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the order is directed; |
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(B) any known identifying number of the person to |
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whom the order is directed, including the person's social security |
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number or driver's license number; |
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(C) the name and county of residence of the |
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person protected by the order; |
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(D) the residence address and place of employment |
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or business of the person protected by the order, unless that |
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information is excluded from the order under Section 85.007, Family |
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Code; |
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(E) the child-care facility or school where a |
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child protected by the order normally resides or which the child |
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normally attends, unless that information is excluded from the |
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order under Section 85.007, Family Code; |
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(F) the relationship or former relationship |
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between the person who is protected by the order and the person to |
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whom the order is directed; |
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(G) the conditions of bond imposed on the person |
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to whom the order is directed, if any, for the protection of a |
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victim in any family violence, sexual assault or abuse, [or] |
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stalking, or trafficking case; and |
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(H) the date the order expires; |
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(7) grant access to criminal history record |
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information in the manner authorized under Subchapter F; |
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(8) collect and disseminate information regarding |
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offenders with mental impairments in compliance with Chapter 614, |
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Health and Safety Code; and |
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(9) record data and maintain a state database for a |
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computerized criminal history record system and computerized |
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juvenile justice information system that serves: |
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(A) as the record creation point for criminal |
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history record information and juvenile justice information |
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maintained by the state; and |
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(B) as the control terminal for the entry of |
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records, in accordance with federal law and regulations, federal |
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executive orders, and federal policy, into the federal database |
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maintained by the Federal Bureau of Investigation. |
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(g) The department may adopt reasonable rules under this |
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section relating to: |
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(1) law enforcement information systems maintained by |
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the department; |
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(2) the collection, maintenance, and correction of |
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records; |
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(3) reports of criminal history information submitted |
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to the department; |
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(4) active protective orders and reporting procedures |
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that ensure that information relating to the issuance and dismissal |
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of an active protective order is reported to the local law |
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enforcement agency at the time of the order's issuance or dismissal |
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and entered by the local law enforcement agency in the state's law |
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enforcement information system; |
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(5) the collection of information described by |
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Subsection (h); |
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(6) a system for providing criminal history record |
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information through the criminal history clearinghouse under |
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Section 411.0845; and |
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(7) active conditions of bond imposed on a defendant |
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for the protection of a victim in any family violence, sexual |
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assault or abuse, [or] stalking, or trafficking case, and reporting |
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procedures that ensure that information relating to the issuance, |
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modification, or removal of the conditions of bond is reported, at |
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the time of the issuance, modification, or removal, to: |
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(A) the victim or, if the victim is deceased, a |
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close relative of the victim; and |
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(B) the local law enforcement agency for entry by |
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the local law enforcement agency in the state's law enforcement |
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information system. |
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SECTION 7. Section 38.112, Penal Code, is repealed. |
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SECTION 8. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 9. This Act takes effect September 1, 2015. |
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* * * * * |