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AN ACT
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relating to a prohibition on following an individual and tracking |
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or monitoring the individual's personal property or motor vehicle |
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and to the criminal prosecution of that conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.005(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In a protective order issued under this subchapter, the |
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court may: |
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(1) order the alleged offender to take action as |
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specified by the court that the court determines is necessary or |
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appropriate to prevent or reduce the likelihood of future harm to |
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the applicant or a member of the applicant's family or household; or |
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(2) prohibit the alleged offender from: |
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(A) communicating: |
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(i) directly or indirectly with the |
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applicant or any member of the applicant's family or household in a |
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threatening or harassing manner; or |
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(ii) in any manner with the applicant or any |
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member of the applicant's family or household except through the |
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applicant's attorney or a person appointed by the court, if the |
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court finds good cause for the prohibition; |
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(B) going to or near the residence, place of |
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employment or business, or child-care facility or school of the |
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applicant or any member of the applicant's family or household; |
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(C) engaging in conduct directed specifically |
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toward the applicant or any member of the applicant's family or |
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household, including following the person, that is reasonably |
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likely to harass, annoy, alarm, abuse, torment, or embarrass the |
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person; [and] |
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(D) possessing a firearm, unless the alleged |
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offender is a peace officer, as defined by Section 1.07, Penal Code, |
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actively engaged in employment as a sworn, full-time paid employee |
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of a state agency or political subdivision; and |
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(E) tracking or monitoring personal property or a |
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motor vehicle in the possession of the applicant or of a member of |
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the applicant's family or household, without the applicant's |
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effective consent, including by: |
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(i) using a tracking application on a |
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personal electronic device in the possession of the applicant or |
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the family or household member or using a tracking device; or |
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(ii) physically following the applicant or |
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the family or household member or causing another to physically |
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follow the applicant or member. |
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SECTION 2. Article 17.292(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The magistrate in the order for emergency protection may |
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prohibit the arrested party from: |
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(1) committing: |
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(A) family violence or an assault on the person |
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protected under the order; or |
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(B) an act in furtherance of an offense under |
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Section 20A.02 or 42.072, Penal Code; |
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(2) communicating: |
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(A) directly with a member of the family or |
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household or with the person protected under the order in a |
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threatening or harassing manner; |
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(B) a threat through any person to a member of the |
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family or household or to the person protected under the order; or |
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(C) if the magistrate finds good cause, in any |
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manner with a person protected under the order or a member of the |
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family or household of a person protected under the order, except |
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through the party's attorney or a person appointed by the court; |
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(3) going to or near: |
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(A) the residence, place of employment, or |
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business of a member of the family or household or of the person |
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protected under the order; or |
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(B) the residence, child care facility, or school |
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where a child protected under the order resides or attends; [or] |
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(4) possessing a firearm, unless the person is a peace |
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officer, as defined by Section 1.07, Penal Code, actively engaged |
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in employment as a sworn, full-time paid employee of a state agency |
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or political subdivision; or |
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(5) tracking or monitoring personal property or a |
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motor vehicle in the possession of the person protected under the |
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order or of a member of the family or household of the person |
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protected under the order, without the protected person's effective |
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consent, including by: |
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(A) using a tracking application on a personal |
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electronic device in the possession of the person or the family or |
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household member or using a tracking device; or |
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(B) physically following the person or the family |
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or household member or causing another to physically follow the |
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person or member. |
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SECTION 3. Article 17.49(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A magistrate may require as a condition of release on |
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bond that a defendant charged with an offense involving family |
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violence: |
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(1) refrain from going to or near a residence, school, |
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place of employment, or other location, as specifically described |
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in the bond, frequented by an alleged victim of the offense; |
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(2) carry or wear a global positioning monitoring |
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system device and, except as provided by Subsection (h), pay a |
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reimbursement fee for the costs associated with operating that |
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system in relation to the defendant; [or] |
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(3) except as provided by Subsection (h), if the |
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alleged victim of the offense consents after receiving the |
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information described by Subsection (d), pay a reimbursement fee |
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for the costs associated with providing the victim with an |
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electronic receptor device that: |
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(A) is capable of receiving the global |
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positioning monitoring system information from the device carried |
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or worn by the defendant; and |
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(B) notifies the victim if the defendant is at or |
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near a location that the defendant has been ordered to refrain from |
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going to or near under Subdivision (1); or |
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(4) refrain from tracking or monitoring personal |
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property or a motor vehicle in the possession of the alleged victim |
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of the offense, without the victim's effective consent, including |
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by: |
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(A) using a tracking application on a personal |
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electronic device in the possession of the victim or using a |
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tracking device; or |
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(B) physically following the victim or causing |
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another to physically follow the victim. |
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SECTION 4. Section 6.501(a), Family Code, is amended to |
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read as follows: |
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(a) After the filing of a suit for dissolution of a |
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marriage, on the motion of a party or on the court's own motion, the |
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court may grant a temporary restraining order without notice to the |
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adverse party for the preservation of the property and for the |
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protection of the parties as necessary, including an order |
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prohibiting one or both parties from: |
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(1) intentionally communicating in person or in any |
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other manner, including by telephone or another electronic voice |
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transmission, video chat, in writing, or electronic messaging, with |
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the other party by use of vulgar, profane, obscene, or indecent |
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language or in a coarse or offensive manner, with intent to annoy or |
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alarm the other party; |
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(2) threatening the other party in person or in any |
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other manner, including by telephone or another electronic voice |
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transmission, video chat, in writing, or electronic messaging, to |
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take unlawful action against any person, intending by this action |
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to annoy or alarm the other party; |
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(3) placing a telephone call, anonymously, at an |
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unreasonable hour, in an offensive and repetitious manner, or |
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without a legitimate purpose of communication with the intent to |
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annoy or alarm the other party; |
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(4) intentionally, knowingly, or recklessly causing |
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bodily injury to the other party or to a child of either party; |
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(5) threatening the other party or a child of either |
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party with imminent bodily injury; |
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(6) intentionally, knowingly, or recklessly |
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destroying, removing, concealing, encumbering, transferring, or |
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otherwise harming or reducing the value of the property of the |
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parties or either party with intent to obstruct the authority of the |
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court to order a division of the estate of the parties in a manner |
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that the court deems just and right, having due regard for the |
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rights of each party and any children of the marriage; |
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(7) intentionally falsifying a writing or record, |
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including an electronic record, relating to the property of either |
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party; |
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(8) intentionally misrepresenting or refusing to |
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disclose to the other party or to the court, on proper request, the |
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existence, amount, or location of any tangible or intellectual |
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property of the parties or either party, including electronically |
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stored or recorded information; |
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(9) intentionally or knowingly damaging or destroying |
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the tangible or intellectual property of the parties or either |
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party, including electronically stored or recorded information; |
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(10) intentionally or knowingly tampering with the |
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tangible or intellectual property of the parties or either party, |
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including electronically stored or recorded information, and |
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causing pecuniary loss or substantial inconvenience to the other |
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party; |
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(11) except as specifically authorized by the court: |
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(A) selling, transferring, assigning, |
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mortgaging, encumbering, or in any other manner alienating any of |
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the property of the parties or either party, regardless of whether |
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the property is: |
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(i) personal property, real property, or |
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intellectual property; or |
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(ii) separate or community property; |
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(B) incurring any debt, other than legal expenses |
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in connection with the suit for dissolution of marriage; |
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(C) withdrawing money from any checking or |
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savings account in a financial institution for any purpose; |
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(D) spending any money in either party's |
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possession or subject to either party's control for any purpose; |
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(E) withdrawing or borrowing money in any manner |
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for any purpose from a retirement, profit sharing, pension, death, |
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or other employee benefit plan, employee savings plan, individual |
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retirement account, or Keogh account of either party; or |
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(F) withdrawing or borrowing in any manner all or |
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any part of the cash surrender value of a life insurance policy on |
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the life of either party or a child of the parties; |
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(12) entering any safe deposit box in the name of or |
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subject to the control of the parties or either party, whether |
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individually or jointly with others; |
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(13) changing or in any manner altering the |
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beneficiary designation on any life insurance policy on the life of |
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either party or a child of the parties; |
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(14) canceling, altering, failing to renew or pay |
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premiums on, or in any manner affecting the level of coverage that |
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existed at the time the suit was filed of, any life, casualty, |
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automobile, or health insurance policy insuring the parties' |
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property or persons, including a child of the parties; |
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(15) opening or diverting mail or e-mail or any other |
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electronic communication addressed to the other party; |
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(16) signing or endorsing the other party's name on any |
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negotiable instrument, check, or draft, including a tax refund, |
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insurance payment, and dividend, or attempting to negotiate any |
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negotiable instrument payable to the other party without the |
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personal signature of the other party; |
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(17) taking any action to terminate or limit credit or |
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charge credit cards in the name of the other party; |
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(18) discontinuing or reducing the withholding for |
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federal income taxes from either party's wages or salary; |
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(19) destroying, disposing of, or altering any |
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financial records of the parties, including a canceled check, |
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deposit slip, and other records from a financial institution, a |
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record of credit purchases or cash advances, a tax return, and a |
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financial statement; |
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(20) destroying, disposing of, or altering any e-mail, |
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text message, video message, or chat message or other electronic |
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data or electronically stored information relevant to the subject |
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matter of the suit for dissolution of marriage, regardless of |
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whether the information is stored on a hard drive, in a removable |
|
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storage device, in cloud storage, or in another electronic storage |
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medium; |
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(21) modifying, changing, or altering the native |
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format or metadata of any electronic data or electronically stored |
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information relevant to the subject matter of the suit for |
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dissolution of marriage, regardless of whether the information is |
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stored on a hard drive, in a removable storage device, in cloud |
|
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storage, or in another electronic storage medium; |
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(22) deleting any data or content from any social |
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network profile used or created by either party or a child of the |
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parties; |
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(23) using any password or personal identification |
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number to gain access to the other party's e-mail account, bank |
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account, social media account, or any other electronic account; |
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(24) terminating or in any manner affecting the |
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service of water, electricity, gas, telephone, cable television, or |
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any other contractual service, including security, pest control, |
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landscaping, or yard maintenance at the residence of either party, |
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or in any manner attempting to withdraw any deposit paid in |
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connection with any of those services; |
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(25) excluding the other party from the use and |
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enjoyment of a specifically identified residence of the other |
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party; [or] |
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(26) entering, operating, or exercising control over a |
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motor vehicle in the possession of the other party; or |
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(27) tracking or monitoring personal property or a |
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motor vehicle in the possession of a party, without that party's |
|
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effective consent, including by: |
|
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(A) using a tracking application on a personal |
|
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electronic device in the possession of that party or using a |
|
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tracking device; or |
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(B) physically following that party or causing |
|
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another to physically follow that party. |
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SECTION 5. Section 85.022(b), Family Code, is amended to |
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read as follows: |
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(b) In a protective order, the court may prohibit the person |
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found to have committed family violence from: |
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(1) committing family violence; |
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(2) communicating: |
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(A) directly with a person protected by an order |
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or a member of the family or household of a person protected by an |
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order, in a threatening or harassing manner; |
|
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(B) a threat through any person to a person |
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protected by an order or a member of the family or household of a |
|
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person protected by an order; and |
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(C) if the court finds good cause, in any manner |
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with a person protected by an order or a member of the family or |
|
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household of a person protected by an order, except through the |
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party's attorney or a person appointed by the court; |
|
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(3) going to or near the residence or place of |
|
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employment or business of a person protected by an order or a member |
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of the family or household of a person protected by an order; |
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(4) going to or near the residence, child-care |
|
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facility, or school a child protected under the order normally |
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attends or in which the child normally resides; |
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(5) engaging in conduct directed specifically toward a |
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person who is a person protected by an order or a member of the |
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family or household of a person protected by an order, including |
|
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following the person, that is reasonably likely to harass, annoy, |
|
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alarm, abuse, torment, or embarrass the person; |
|
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(6) possessing a firearm, unless the person is a peace |
|
|
officer, as defined by Section 1.07, Penal Code, actively engaged |
|
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in employment as a sworn, full-time paid employee of a state agency |
|
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or political subdivision; [and] |
|
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(7) harming, threatening, or interfering with the |
|
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care, custody, or control of a pet, companion animal, or assistance |
|
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animal, as defined by Section 121.002, Human Resources Code, that |
|
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is possessed by or is in the actual or constructive care of a person |
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protected by an order or by a member of the family or household of a |
|
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person protected by an order; and |
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(8) tracking or monitoring personal property or a |
|
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motor vehicle in the possession of a person protected by an order or |
|
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of a member of the family or household of a person protected by an |
|
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order, without the person's effective consent, including by: |
|
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(A) using a tracking application on a personal |
|
|
electronic device in the possession of the person or the family or |
|
|
household member or using a tracking device; or |
|
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(B) physically following the person or the family |
|
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or household member or causing another to physically follow the |
|
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person or member. |
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SECTION 6. 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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indecent assault, stalking, or trafficking case and related to the |
|
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safety of a victim or the safety of the community, an order issued |
|
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under Subchapter A, Chapter 7B, Code of Criminal Procedure, an |
|
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order issued under Article 17.292, Code of Criminal Procedure, an |
|
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order issued under Section 6.504, Family Code, Chapter 83, Family |
|
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Code, if the temporary ex parte order has been served on the person, |
|
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Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, |
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or an order issued by another jurisdiction as provided by Chapter |
|
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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, 22.012, 22.021, or |
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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; |
|
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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; [or] |
|
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(6) removes, attempts to remove, or otherwise tampers |
|
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with the normal functioning of a global positioning monitoring |
|
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system; or |
|
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(7) tracks or monitors personal property or a motor |
|
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vehicle in the possession of a protected individual or of a member |
|
|
of the family or household of a protected individual, without the |
|
|
individual's effective consent, including by: |
|
|
(A) using a tracking application on a personal |
|
|
electronic device in the possession of the protected individual or |
|
|
the family or household member or using a tracking device; or |
|
|
(B) physically following the protected |
|
|
individual or family or household member or causing another to |
|
|
physically follow the individual or member. |
|
|
SECTION 7. Section 42.07, Penal Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (e) to read 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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(1) initiates 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, 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 family or household, or the person's 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; |
|
|
(4) causes the telephone of another to ring repeatedly |
|
|
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; |
|
|
(5) makes a telephone call and intentionally fails to |
|
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hang up or disengage the connection; |
|
|
(6) knowingly permits a telephone under the person's |
|
|
control to be used by another to commit an offense under this |
|
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section; |
|
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(7) sends repeated electronic communications in a |
|
|
manner reasonably likely to harass, annoy, alarm, abuse, torment, |
|
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embarrass, or offend another; [or] |
|
|
(8) publishes on an Internet website, including a |
|
|
social media platform, repeated electronic communications in a |
|
|
manner reasonably likely to cause emotional distress, abuse, or |
|
|
torment to another person, unless the communications are made in |
|
|
connection with a matter of public concern; or |
|
|
(9) tracks or monitors the personal property or motor |
|
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vehicle of another person, without the other person's effective |
|
|
consent, including by: |
|
|
(A) using a tracking application on the person's |
|
|
personal electronic device or using a tracking device; or |
|
|
(B) physically following the other person or |
|
|
causing any person to physically follow the other person. |
|
|
(e) For purposes of Subsection (a)(9), it is presumed that a |
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person did not give effective consent to the actor's conduct if: |
|
|
(1) an application for a protective or restraining |
|
|
order against or with respect to the actor has been filed by or on |
|
|
behalf of the person under Subchapter A, Chapter 7B, Code of |
|
|
Criminal Procedure, Article 17.292, Code of Criminal Procedure, |
|
|
Section 6.504, Family Code, or Subtitle B, Title 4, Family Code, or |
|
|
an order has been issued against or with respect to the actor under |
|
|
one of those provisions; or |
|
|
(2) the person is married to the actor and a petition |
|
|
for dissolution of marriage has been filed, or the person was |
|
|
previously married to the actor and the marriage has been |
|
|
dissolved. |
|
|
SECTION 8. (a) Article 7B.005, Code of Criminal Procedure, |
|
|
as amended by this Act, and Sections 6.501 and 85.022, Family Code, |
|
|
as amended by this Act, apply only to a protective or restraining |
|
|
order rendered on or after the effective date of this Act. A |
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protective or restraining order rendered before the effective date |
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of this Act is governed by the law in effect on the date the order |
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was rendered, and the former law is continued in effect for that |
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purpose. |
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(b) Article 17.292, Code of Criminal Procedure, as amended |
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by this Act, applies only to a magistrate's order for emergency |
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protection entered on or after the effective date of this Act. A |
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magistrate's order for emergency protection entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was entered, and the former law is continued in |
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|
effect for that purpose. |
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(c) Article 17.49, Code of Criminal Procedure, as amended by |
|
|
this Act, applies only to a defendant released on bond in connection |
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|
with an offense committed on or after the effective date of this |
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|
Act. A defendant released on bond in connection with an offense |
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|
committed before the effective date of this Act is governed by the |
|
|
law in effect when the offense was committed, and the former law is |
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|
continued in effect for that purpose. For purposes of this |
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|
subsection, an offense was committed before the effective date of |
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|
this Act if any element of the offense occurred before that date. |
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(d) Sections 25.07 and 42.07, Penal Code, as amended by this |
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Act, apply only to an offense committed on or after the effective |
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|
date of this Act. An offense committed before the effective date |
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|
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 |
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|
before the effective date of this Act if any element of the offense |
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|
occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2023. |
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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. 2715 was passed by the House on May 6, |
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2023, by the following vote: Yeas 133, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2715 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 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 |