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AN ACT
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relating to the prosecution of the offenses of harassment and |
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stalking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with intent to harass, |
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annoy, alarm, abuse, torment, or embarrass another, the person |
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[he]: |
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(1) initiates communication [by telephone, in
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writing, or by electronic communication] and in the course of the |
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communication makes a comment, request, suggestion, or proposal |
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that is obscene; |
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(2) threatens, [by telephone, in writing, or by
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electronic communication,] in a manner reasonably likely to alarm |
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the person receiving the threat, to inflict bodily injury on the |
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person or to commit a felony against the person, a member of the |
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person's [his] family or household, or the person's [his] property; |
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(3) conveys, in a manner reasonably likely to alarm |
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the person receiving the report, a false report, which is known by |
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the conveyor to be false, that another person has suffered death or |
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serious bodily injury; |
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(4) causes the telephone of another to ring repeatedly |
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or makes repeated telephone communications anonymously or in a |
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manner reasonably likely to harass, annoy, alarm, abuse, torment, |
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embarrass, or offend another; |
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(5) makes a telephone call and intentionally fails to |
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hang up or disengage the connection; |
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(6) knowingly permits a telephone under the person's |
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control to be used by another to commit an offense under this |
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section; or |
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(7) sends repeated electronic communications in a |
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manner reasonably likely to harass, annoy, alarm, abuse, torment, |
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embarrass, or offend another. |
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SECTION 2. Sections 42.072(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person, on more than |
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one occasion and pursuant to the same scheme or course of conduct |
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that is directed specifically at another person, knowingly engages |
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in conduct that: |
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(1) constitutes an offense under Section 42.07, or |
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that the actor knows or reasonably should know [believes] the other |
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person will regard as threatening: |
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(A) bodily injury or death for the other person; |
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(B) bodily injury or death for a member of the |
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other person's family or household or for an individual with whom |
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the other person has a dating relationship; or |
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(C) that an offense will be committed against the |
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other person's property; |
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(2) causes the other person, a member of the other |
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person's family or household, or an individual with whom the other |
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person has a dating relationship to be placed in fear of bodily |
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injury or death or in fear that an offense will be committed against |
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the other person's property, or to feel harassed, annoyed, alarmed, |
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abused, tormented, embarrassed, or offended; and |
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(3) would cause a reasonable person to [fear]: |
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(A) fear bodily injury or death for himself or |
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herself; |
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(B) fear bodily injury or death for a member of |
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the person's family or household or for an individual with whom the |
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person has a dating relationship; [or] |
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(C) fear that an offense will be committed |
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against the person's property; or |
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(D) feel harassed, annoyed, alarmed, abused, |
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tormented, embarrassed, or offended. |
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(d) In this section: |
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(1) "Dating [, "dating] relationship," "family," |
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"household," and "member of a household" have the meanings assigned |
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by Chapter 71, Family Code. |
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(2) "Property" includes a pet, companion animal, or |
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assistance animal, as defined by Section 121.002, Human Resources |
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Code. |
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SECTION 3. 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 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1606 was passed by the House on May 4, |
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2013, by the following vote: Yeas 106, Nays 28, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1606 on May 24, 2013, by the following vote: Yeas 119, Nays 26, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1606 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |