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AN ACT
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relating to the penalties prescribed for repeated violations of |
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certain court orders or conditions of bond in a family violence |
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case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 25, Penal Code, is amended by adding |
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Section 25.072 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 CASE. (a) A person commits |
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an offense if, during a period that is 12 months or less in |
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duration, the person two or more times engages in conduct that |
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constitutes an offense under Section 25.07. |
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(b) If the jury is the trier of fact, members of the jury |
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must agree unanimously that the defendant, during a period that is |
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12 months or less in duration, two or more times engaged in conduct |
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that constituted an offense under Section 25.07. |
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(c) A defendant may not be convicted in the same criminal |
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action of another offense an element of which is any conduct that is |
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alleged as an element of the offense under Subsection (a) unless the |
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other offense: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(d) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the specific conduct that is alleged |
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to have been engaged in is alleged to have been committed in |
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violation of a single court order or single setting of bond. |
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(e) An offense under this section is a felony of the third |
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degree. |
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SECTION 2. Subsection (g), Section 25.07, Penal Code, is |
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amended to read as follows: |
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(g) An offense under this section is a Class A misdemeanor, |
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except the offense is a felony of the third degree if [unless] it is |
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shown on the trial of the offense that the defendant: |
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(1) has previously been convicted two or more times of |
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an offense under this section or two or more times of an offense |
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under Section 25.072, or has previously been convicted of an |
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offense under this section and an offense under Section 25.072; |
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[two or more times] or |
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(2) has violated the order or condition of bond by |
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committing an assault or the offense of stalking[, in which event
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the offense is a third degree felony]. |
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SECTION 3. Article 5.07, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES. The venue |
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for an offense under Section 25.07 or 25.072, Penal Code, is in the |
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county in which the order was issued or, without regard to the |
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identity or location of the court that issued the protective order, |
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in the county in which the offense was committed. |
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SECTION 4. Subsection (c-1), Section 25.0172, Government |
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Code, is amended to read as follows: |
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(c-1) The County Court at Law No. 13 of Bexar County, Texas, |
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shall give preference to cases prosecuted under: |
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(1) Section 22.01, Penal Code, in which the victim is a |
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person whose relationship to or association with the defendant is |
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described by Chapter 71, Family Code; and |
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(2) Section 25.07 or 25.072, Penal Code. |
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SECTION 5. Subsection (l), Section 25.2223, Government |
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Code, is amended to read as follows: |
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(l) The County Criminal Court No. 5 of Tarrant County shall |
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give preference to cases brought under Title 5, Penal Code, |
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involving family violence as defined by Section 71.004, Family |
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Code, and cases brought under Sections 25.07, 25.072, and 42.072, |
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Penal Code. |
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SECTION 6. Subsection (e), Section 411.081, Government |
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Code, is amended to read as follows: |
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(e) A person is entitled to petition the court under |
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Subsection (d) only if during the period of the deferred |
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adjudication community supervision for which the order of |
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nondisclosure is requested and during the applicable period |
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described by Subsection (d)(1), (2), or (3), as appropriate, the |
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person is not convicted of or placed on deferred adjudication |
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community supervision under Section 5, Article 42.12, Code of |
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Criminal Procedure, for any offense other than an offense under the |
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Transportation Code punishable by fine only. A person is not |
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entitled to petition the court under Subsection (d) if the person |
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was placed on the deferred adjudication community supervision for |
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or has been previously convicted or placed on any other deferred |
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adjudication for: |
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(1) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(2) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(3) an offense under Section 19.02, 19.03, 22.04, |
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22.041, 25.07, 25.072, or 42.072, Penal Code; or |
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(4) any other offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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SECTION 7. Section 411.1711, Government Code, is amended to |
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read as follows: |
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Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A |
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person is not convicted, as that term is defined by Section 411.171, |
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if an order of deferred adjudication was entered against the person |
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on a date not less than 10 years preceding the date of the person's |
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application for a license under this subchapter unless the order of |
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deferred adjudication was entered against the person for: |
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(1) a felony offense under: |
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(A) Title 5, Penal Code; |
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(B) Chapter 29, Penal Code; |
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(C) Section 25.07 or 25.072, Penal Code; or |
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(D) Section 30.02, Penal Code, if the offense is |
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punishable under Subsection (c)(2) or (d) of that section; or |
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(2) an offense under the laws of another state if the |
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offense contains elements that are substantially similar to the |
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elements of an offense listed in Subdivision (1). |
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SECTION 8. Subsection (a), Section 301.4535, Occupations |
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Code, is amended to read as follows: |
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(a) The board shall suspend a nurse's license or refuse to |
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issue a license to an applicant on proof that the nurse or applicant |
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has been initially convicted of: |
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(1) murder under Section 19.02, Penal Code, capital |
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murder under Section 19.03, Penal Code, or manslaughter under |
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Section 19.04, Penal Code; |
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(2) kidnapping or unlawful restraint under Chapter 20, |
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Penal Code, and the offense was punished as a felony or state jail |
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felony; |
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(3) sexual assault under Section 22.011, Penal Code; |
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(4) aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(5) continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, or indecency with a child under |
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Section 21.11, Penal Code; |
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(6) aggravated assault under Section 22.02, Penal |
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Code; |
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(7) intentionally, knowingly, or recklessly injuring |
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a child, elderly individual, or disabled individual under Section |
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22.04, Penal Code; |
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(8) intentionally, knowingly, or recklessly |
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abandoning or endangering a child under Section 22.041, Penal Code; |
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(9) aiding suicide under Section 22.08, Penal Code, |
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and the offense was punished as a state jail felony; |
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(10) an offense involving a violation of certain court |
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orders or conditions of bond under Section 25.07, 25.071, or |
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25.072, Penal Code, punished as a felony; |
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(11) [an offense under Section 25.071, Penal Code,
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punished as a felony;
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[(12)] an agreement to abduct a child from custody |
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under Section 25.031, Penal Code; |
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(12) [(13)] the sale or purchase of a child under |
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Section 25.08, Penal Code; |
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(13) [(14)] robbery under Section 29.02, Penal Code; |
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(14) [(15)] aggravated robbery under Section 29.03, |
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Penal Code; |
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(15) [(16)] an offense for which a defendant is |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure; or |
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(16) [(17)] an offense under the law of another |
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state, federal law, or the Uniform Code of Military Justice that |
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contains elements that are substantially similar to the elements of |
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an offense listed in this subsection. |
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SECTION 9. 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 10. 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 hereby certify that S.B. No. 743 passed the Senate on |
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April 18, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 743 passed the House on |
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May 7, 2013, by the following vote: Yeas 132, Nays 7, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |