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AN ACT
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relating to the prosecution of the criminal offense of improper |
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contact with a victim and to protective orders for victims of |
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certain offenses; enhancing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7A.01, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) Except as provided by Subsection (a-2), if an |
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application has not yet been filed in the case under Subsection (a), |
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the attorney representing the state shall promptly file an |
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application for a protective order with respect to each victim of an |
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offense listed in Subdivision (1) or (2) of that subsection |
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following the offender's conviction of or placement on deferred |
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adjudication community supervision for the offense. |
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(a-2) The attorney representing the state may not file an |
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application under Subsection (a-1) with respect to a victim who is |
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at least 18 years of age if the victim requests that the attorney |
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representing the state not file the application. |
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SECTION 2. Article 7A.03, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) An offender's conviction of or placement on deferred |
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adjudication community supervision for an offense listed in Article |
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7A.01(a)(1) or (2) constitutes reasonable grounds under Subsection |
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(a). |
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SECTION 3. Article 7A.07, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) The court shall issue a protective order effective for |
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the duration of the lives of the offender and victim if the offender |
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is: |
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(1) convicted of or placed on deferred adjudication |
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community supervision for an offense listed in Article 7A.01(a)(1) |
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or (2); and |
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(2) required under Chapter 62 to register for life as a |
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sex offender. |
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SECTION 4. Section 25.07(g), Penal Code, is amended to read |
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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: |
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(1) subject to Subdivision (2), a state jail felony if |
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it is shown at the trial of the offense that the defendant violated |
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an order issued as a result of an application filed under Article |
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7A.01(a-1), Code of Criminal Procedure; or |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant: |
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(A) [(1)] has previously been convicted two or |
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more times of an offense under this section or two or more times of |
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an offense under Section 25.072, or has previously been convicted |
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of an offense under this section and an offense under Section |
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25.072; or |
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(B) [(2)] has violated the order or condition of |
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bond by committing an assault or the offense of stalking. |
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SECTION 5. Section 38.111(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person, while |
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confined in a correctional facility after being charged with or |
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convicted of an offense listed in Article 62.001(5), Code of |
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Criminal Procedure, contacts by letter, telephone, or any other |
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means, either directly or through a third party, a victim of the |
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offense or a member of the victim's family, if [:
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[(1)
the victim was younger than 17 years of age at the
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time of the commission of the offense for which the person is
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confined; and
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[(2)] the director of the correctional facility has |
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not, before the person makes contact with the victim: |
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(1) [(A)] received written and dated consent to the |
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contact from: |
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(A) the victim, if the victim was 17 years of age |
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or older at the time of the commission of the offense for which the |
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person is confined; or |
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(B) if the victim was younger than 17 years of age |
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at the time of the commission of the offense for which the person is |
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confined: |
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(i) a parent of the victim; |
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(ii) a legal guardian of the victim; |
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(iii) the victim, if the victim is 17 years |
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of age or older at the time of giving the consent; or |
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(iv) a member of the victim's family who is |
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17 years of age or older; and |
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(2) [(B)] provided the person with a copy of the |
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consent. |
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SECTION 6. The changes in law made by this Act to Chapter |
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7A, Code of Criminal Procedure, apply only to a judgment of |
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conviction entered on or after the effective date of this Act or a |
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grant of deferred adjudication community supervision made on or |
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after the effective date of this Act. |
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SECTION 7. The change in law made by this Act to Section |
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38.111(a), Penal Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2019. |
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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. 1343 was passed by the House on April |
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25, 2019, by the following vote: Yeas 133, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1343 on May 23, 2019, by the following vote: Yeas 139, Nays 1, |
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1 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. 1343 was passed by the Senate, with |
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amendments, on May 17, 2019, by the following vote: Yeas 31, Nays |
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0. |
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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 |