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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain offenses involving family |
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violence and to the violation of certain court orders or conditions |
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of bond in a family violence, sexual assault or abuse, or stalking |
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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 38, Code of Criminal Procedure, is |
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amended by adding Article 38.371 to read as follows: |
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Art. 38.371. EVIDENCE IN PROSECUTIONS OF CERTAIN OFFENSES |
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INVOLVING FAMILY VIOLENCE. (a) This article applies to a |
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proceeding in the prosecution of a defendant for an offense, or for |
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an attempt or conspiracy to commit an offense, that is committed |
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under: |
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(1) Section 22.01 or 22.02, Penal Code, against a |
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person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code; or |
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(2) Section 25.07 or 25.072, Penal Code, if the |
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offense is based on a violation of an order or a condition of bond in |
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a case involving family violence. |
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(b) In the prosecution of an offense described by Subsection |
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(a), subject to the Texas Rules of Evidence or other applicable law, |
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each party may offer testimony or other evidence of all relevant |
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facts and circumstances that would assist the trier of fact in |
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determining whether the actor committed the offense described by |
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Subsection (a), including testimony or evidence regarding the |
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nature of the relationship between the actor and the alleged |
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victim. |
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SECTION 2. 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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or stalking case and related to the safety of a victim or the safety |
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of the community, an order issued under Article 17.292, Code of |
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Criminal Procedure, an order issued under Section 6.504, Family |
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Code, Chapter 83, Family Code, if the temporary ex parte order has |
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been served on the person, or Chapter 85, Family Code, or an order |
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issued by another jurisdiction as provided by Chapter 88, Family |
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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 22.011, 22.021, or 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; [or] |
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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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(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. |
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SECTION 3. Section 25.07(b), Penal Code, is amended by |
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adding Subdivision (2-a) to read as follows: |
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(2-a) "Global positioning monitoring system" has the |
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meaning assigned by Article 17.49, Code of Criminal Procedure. |
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SECTION 4. (a) The change in law made by this Act in adding |
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Article 38.371, Code of Criminal Procedure, applies to the |
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admissibility of evidence in a criminal proceeding that commences |
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on or after the effective date of this Act. The admissibility of |
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evidence in a criminal proceeding that commences 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 proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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(b) The change in law made by this Act in amending Section |
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25.07, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed 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 offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this subsection, 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 5. This Act takes effect September 1, 2015. |
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* * * * * |