Bill Text: TX HB142 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to the creation of the offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-05-10 - Placed on General State Calendar [HB142 Detail]

Download: Texas-2017-HB142-Comm_Sub.html
 
 
  By: Moody, Dale, Alvarado, Burkett, Neave H.B. No. 142
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the offense of indecent assault, to
  judicial protection for victims of that offense, and to certain
  criminal acts committed in relation to that offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 22, Penal Code, is amended by adding
  Section 22.012 to read as follows:
         Sec. 22.012.  INDECENT ASSAULT. (a) A person commits an
  offense if, without the other person's consent and with the intent
  to arouse or gratify the sexual desire of any person, the person:
               (1)  touches, including through clothing, the anus,
  breast, or any part of the genitals of another person;
               (2)  touches another person, including through
  clothing, with the anus, breast, or any part of the genitals of any
  person;
               (3)  removes or attempts to remove any clothing
  covering another person's genitals, pubic area, anus, buttocks, or
  female areola; or
               (4)  causes another person to contact the blood,
  seminal fluid, vaginal fluid, saliva, urine, or feces of any
  person, including contact occurring through clothing.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  The heading to Chapter 7A, Code of Criminal
  Procedure, is amended to read as follows:
  CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
  ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
         SECTION 3.  Article 7A.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  The following persons may file an application for a
  protective order under this chapter without regard to the
  relationship between the applicant and the alleged offender:
               (1)  a person who is the victim of an offense under
  Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
  Code;
               (2)  a person who is the victim of an offense under
  Section 20A.02, 20A.03, or 43.05, Penal Code;
               (3)  a parent or guardian acting on behalf of a person
  younger than 17 years of age who is the victim of an offense listed
  in Subdivision (1);
               (4)  a parent or guardian acting on behalf of a person
  younger than 18 years of age who is the victim of an offense listed
  in Subdivision (2); or
               (5)  a prosecuting attorney acting on behalf of a
  person described by Subdivision (1), (2), (3), or (4).
         SECTION 4.  Article 7A.02, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7A.02.  TEMPORARY EX PARTE ORDER. If the court finds
  from the information contained in an application for a protective
  order that there is a clear and present danger of sexual assault or
  abuse, indecent assault, stalking, trafficking, or other harm to
  the applicant, the court, without further notice to the alleged
  offender and without a hearing, may enter a temporary ex parte order
  for the protection of the applicant or any other member of the
  applicant's family or household.
         SECTION 5.  Article 7A.03(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  At the close of a hearing on an application for a
  protective order under this chapter, the court shall find whether
  there are reasonable grounds to believe that the applicant is the
  victim of sexual assault or abuse, indecent assault, stalking, or
  trafficking.
         SECTION 6.  Article 7A.035, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7A.035.  HEARSAY STATEMENT OF CHILD VICTIM. In a
  hearing on an application for a protective order under this
  chapter, a statement that is made by a child younger than 14 years
  of age who is the victim of an offense under Section 21.02, 21.11,
  22.011, 22.012, or 22.021, Penal Code, and that describes the
  offense committed against the child is admissible as evidence in
  the same manner that a child's statement regarding alleged abuse
  against the child is admissible under Section 104.006, Family Code,
  in a suit affecting the parent-child relationship.
         SECTION 7.  Articles 17.292(a) and (g), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  At a defendant's appearance before a magistrate after
  arrest for an offense involving family violence or an offense under
  Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
  Code, the magistrate may issue an order for emergency protection on
  the magistrate's own motion or on the request of:
               (1)  the victim of the offense;
               (2)  the guardian of the victim;
               (3)  a peace officer; or
               (4)  the attorney representing the state.
         (g)  An order for emergency protection issued under this
  article must contain the following statements printed in bold-face
  type or in capital letters:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
  RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
  TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
  FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
  ORDER.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
  PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE
  POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
  DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
  AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
  SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
  SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         SECTION 8.  The heading to Article 56.021, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 56.021.  RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
  INDECENT ASSAULT, STALKING, OR TRAFFICKING.
         SECTION 9.  (a)  Article 56.021(d), Code of Criminal
  Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
  42.072, or 43.05, Penal Code.  In addition to the rights enumerated
  in Article 56.02 and, if applicable, Subsection (a) of this
  article, a victim described by this subsection or a parent or
  guardian of the victim is entitled to the following rights within
  the criminal justice system:
               (1)  the right to request that the attorney
  representing the state, subject to the Texas Disciplinary Rules of
  Professional Conduct, file an application for a protective order
  under Article 7A.01 on behalf of the victim;
               (2)  the right to be informed:
                     (A)  that the victim or the victim's parent or
  guardian, as applicable, may file an application for a protective
  order under Article 7A.01;
                     (B)  of the court in which the application for a
  protective order may be filed; and
                     (C)  that, on request of the victim or the
  victim's parent or guardian, as applicable, and subject to the
  Texas Disciplinary Rules of Professional Conduct, the attorney
  representing the state may file the application for a protective
  order;
               (3)  if the victim or the victim's parent or guardian,
  as applicable, is present when the defendant is convicted or placed
  on deferred adjudication community supervision, the right to be
  given by the court the information described by Subdivision (2)
  and, if the court has jurisdiction over applications for protective
  orders that are filed under Article 7A.01, the right to file an
  application for a protective order immediately following the
  defendant's conviction or placement on deferred adjudication
  community supervision; and
               (4)  if the victim or the victim's parent or guardian,
  as applicable, is not present when the defendant is convicted or
  placed on deferred adjudication community supervision, the right to
  be given by the attorney representing the state the information
  described by Subdivision (2).
         (b)  Article 56.021(d), Code of Criminal Procedure, as added
  by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular
  Session, 2015, is repealed as duplicative of Article 56.021(d),
  Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),
  Acts of the 84th Legislature, Regular Session, 2015.
         SECTION 10.  Sections 411.042(b) and (g), Government Code,
  are amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02 and 43.05,
  Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and magistrate's orders of emergency
  protection and all other pertinent information about all persons
  subject to active orders, including pertinent information about
  persons subject to conditions of bond imposed for the protection of
  the victim in any family violence, sexual assault or abuse,
  indecent assault, stalking, or trafficking case. Information in
  the law enforcement information system relating to an active order
  shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code, or Article 17.292(e), Code of Criminal Procedure;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code, or Article 17.292(e), Code
  of Criminal Procedure;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, indecent
  assault, stalking, or trafficking case;
                     (H)  any minimum distance the person subject to
  the order is required to maintain from the protected places or
  persons; and
                     (I)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         (g)  The department may adopt reasonable rules under this
  section relating to:
               (1)  law enforcement information systems maintained by
  the department;
               (2)  the collection, maintenance, and correction of
  records;
               (3)  reports of criminal history information submitted
  to the department;
               (4)  active protective orders and reporting procedures
  that ensure that information relating to the issuance and dismissal
  of an active protective order is reported to the local law
  enforcement agency at the time of the order's issuance or dismissal
  and entered by the local law enforcement agency in the state's law
  enforcement information system;
               (5)  the collection of information described by
  Subsection (h);
               (6)  a system for providing criminal history record
  information through the criminal history clearinghouse under
  Section 411.0845; and
               (7)  active conditions of bond imposed on a defendant
  for the protection of a victim in any family violence, sexual
  assault or abuse, indecent assault, stalking, or trafficking case,
  and reporting procedures that ensure that information relating to
  the issuance, modification, or removal of the conditions of bond is
  reported, at the time of the issuance, modification, or removal,
  to:
                     (A)  the victim or, if the victim is deceased, a
  close relative of the victim; and
                     (B)  the local law enforcement agency for entry by
  the local law enforcement agency in the state's law enforcement
  information system.
         SECTION 11.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, INDECENT
  ASSAULT, STALKING, OR TRAFFICKING CASE.
         SECTION 12.  Section 25.07(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  indecent assault, stalking, or trafficking case and related to the
  safety of a victim or the safety of the community, an order issued
  under Chapter 7A, Code of Criminal Procedure, an order issued under
  Article 17.292, Code of Criminal Procedure, an order issued under
  Section 6.504, Family Code, Chapter 83, Family Code, if the
  temporary ex parte order has been served on the person, or Chapter
  85, Family Code, or an order issued by another jurisdiction as
  provided by Chapter 88, Family Code, the person knowingly or
  intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
  42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm;
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order or
  condition of bond; or
               (6)  removes, attempts to remove, or otherwise tampers
  with the normal functioning of a global positioning monitoring
  system.
         SECTION 13.  Section 25.07(b), Penal Code, is amended by
  adding Subdivision (8) to read as follows:
               (8)  "Indecent assault" means any conduct that
  constitutes an offense under Section 22.012.
         SECTION 14.  The heading to Section 25.072, Penal Code, is
  amended to read as follows:
         Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
  CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
  INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
         SECTION 15.  Chapter 7A, Code of Criminal Procedure, as
  amended by this Act, and Article 17.292, Code of Criminal
  Procedure, as amended by this Act, apply only to a protective order
  or magistrate's order for emergency protection that is issued on or
  after the effective date of this Act.  An order issued before the
  effective date of this Act is governed by the law in effect on the
  date the order is issued, and the former law is continued in effect
  for that purpose.
         SECTION 16.  Article 56.021(d), Code of Criminal Procedure,
  as amended by this Act, applies to a victim of criminally injurious
  conduct for which a judgment of conviction is entered or a grant of
  deferred adjudication is made on or after the effective date of this
  Act, regardless of whether the criminally injurious conduct
  occurred before, on, or after the effective date of this Act.
         SECTION 17.  Sections 25.07 and 25.072, Penal Code, as
  amended by this Act, apply 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 18.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 19.  This Act takes effect September 1, 2017.
feedback