S.B. No. 1717

	AN ACT
	relating to the prosecution of the offense of stalking.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 38.46(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  In a prosecution for stalking, each party may offer
	testimony as to all relevant facts and circumstances that would aid
	the trier of fact in determining whether the actor's conduct would
	cause a reasonable person in circumstances similar to the
	circumstances of the alleged victim to experience a fear described
	by Section 42.072(a)(3)(A), (B), or (C), Penal Code, including the
	facts and circumstances surrounding any existing or previous
	relationship between the actor and the alleged victim, a member of
	the alleged victim's family or household, or an individual with
	whom the alleged victim has a dating relationship.
	SECTION 2.  Section 42.072(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person, on more than
	one occasion and pursuant to the same scheme or course of conduct
	that is directed [specifically] at a specific other [another]
	person, knowingly engages in conduct that:
	(1)  constitutes an offense under Section 42.07, or
	that the actor knows or reasonably should know the other person will
	regard as threatening:
	(A)  bodily injury or death for the other person;
	or
	(B)  that an offense will be committed against:
	(i)  [bodily injury or death for] a member of
	the other person's family or household; [or]
	(ii)  [for] an individual with whom the
	other person has a dating relationship; or
	(iii) [(C)  that an offense will be
	committed against] the other person's property;
	(2)  causes the other person, a member of the other
	person's family or household, or an individual with whom the other
	person has a dating relationship:
	(A)  to be placed in fear of bodily injury or death
	or in fear that an offense will be committed against the other
	person, a member of the other person's family or household, or an
	individual with whom the other person has a dating relationship, or
	the other person's property;[,] or
	(B)  to feel harassed, terrified, intimidated,
	annoyed, alarmed, abused, tormented, embarrassed, or offended; and
	(3)  would cause a reasonable person under
	circumstances similar to the circumstances of the other person to:
	(A)  fear bodily injury or death for the person
	[himself or herself];
	(B)  fear that an offense will be committed
	against [bodily injury or death for] a member of the person's family
	or household or [for] an individual with whom the person has a
	dating relationship;
	(C)  fear that an offense will be committed
	against the person's property; or
	(D)  feel harassed, terrified, intimidated,
	annoyed, alarmed, abused, tormented, embarrassed, or offended.
	SECTION 3.  The change in law made by this Act 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 4.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1717 passed the Senate on
	April 12, 2023, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendment on May 25, 2023, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1717 passed the House, with
	amendment, on May 23, 2023, by the following vote: Yeas 109,
	Nays 28, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor