H.B. No. 1343

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