Bill Text: TX HB2715 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2715 Detail]
Download: Texas-2023-HB2715-Engrossed.html
Bill Title: Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB2715 Detail]
Download: Texas-2023-HB2715-Engrossed.html
88R22838 JSC-D | ||
By: Hull, Leach, Moody, Talarico, Lujan, | H.B. No. 2715 | |
et al. |
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relating to a prohibition on following an individual and tracking | ||
or monitoring the individual's personal property or motor vehicle | ||
and to the criminal prosecution of that conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 7B.005(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In a protective order issued under this subchapter, the | ||
court may: | ||
(1) order the alleged offender to take action as | ||
specified by the court that the court determines is necessary or | ||
appropriate to prevent or reduce the likelihood of future harm to | ||
the applicant or a member of the applicant's family or household; or | ||
(2) prohibit the alleged offender from: | ||
(A) communicating: | ||
(i) directly or indirectly with the | ||
applicant or any member of the applicant's family or household in a | ||
threatening or harassing manner; or | ||
(ii) in any manner with the applicant or any | ||
member of the applicant's family or household except through the | ||
applicant's attorney or a person appointed by the court, if the | ||
court finds good cause for the prohibition; | ||
(B) going to or near the residence, place of | ||
employment or business, or child-care facility or school of the | ||
applicant or any member of the applicant's family or household; | ||
(C) engaging in conduct directed specifically | ||
toward the applicant or any member of the applicant's family or | ||
household, including following the person, that is reasonably | ||
likely to harass, annoy, alarm, abuse, torment, or embarrass the | ||
person; [ |
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(D) possessing a firearm, unless the alleged | ||
offender is 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; and | ||
(E) tracking or monitoring personal property or a | ||
motor vehicle in the possession of the applicant or of a member of | ||
the applicant's family or household, without the applicant's | ||
effective consent, including by: | ||
(i) using a tracking application on a | ||
personal electronic device in the possession of the applicant or | ||
the family or household member or using a tracking device; or | ||
(ii) physically following the applicant or | ||
the family or household member or causing another to physically | ||
follow the applicant or member. | ||
SECTION 2. Article 17.292(c), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(c) The magistrate in the order for emergency protection may | ||
prohibit the arrested party from: | ||
(1) committing: | ||
(A) family violence or an assault on the person | ||
protected under the order; or | ||
(B) an act in furtherance of an offense under | ||
Section 20A.02 or 42.072, Penal Code; | ||
(2) communicating: | ||
(A) directly with a member of the family or | ||
household or with the person protected under the order in a | ||
threatening or harassing manner; | ||
(B) a threat through any person to a member of the | ||
family or household or to the person protected under the order; or | ||
(C) if the magistrate finds good cause, in any | ||
manner with a person protected under the order or a member of the | ||
family or household of a person protected under the order, except | ||
through the party's attorney or a person appointed by the court; | ||
(3) going to or near: | ||
(A) the residence, place of employment, or | ||
business of a member of the family or household or of the person | ||
protected under the order; or | ||
(B) the residence, child care facility, or school | ||
where a child protected under the order resides or attends; [ |
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(4) possessing a firearm, unless the person is 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; or | ||
(5) tracking or monitoring personal property or a | ||
motor vehicle in the possession of the person protected under the | ||
order or of a member of the family or household of the person | ||
protected under the order, without the protected person's effective | ||
consent, including by: | ||
(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 | ||
(B) physically following the person or the family | ||
or household member or causing another to physically follow the | ||
person or member. | ||
SECTION 3. Article 17.49(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) A magistrate may require as a condition of release on | ||
bond that a defendant charged with an offense involving family | ||
violence: | ||
(1) refrain from going to or near a residence, school, | ||
place of employment, or other location, as specifically described | ||
in the bond, frequented by an alleged victim of the offense; | ||
(2) carry or wear a global positioning monitoring | ||
system device and, except as provided by Subsection (h), pay a | ||
reimbursement fee for the costs associated with operating that | ||
system in relation to the defendant; [ |
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(3) except as provided by Subsection (h), if the | ||
alleged victim of the offense consents after receiving the | ||
information described by Subsection (d), pay a reimbursement fee | ||
for the costs associated with providing the victim with an | ||
electronic receptor device that: | ||
(A) is capable of receiving the global | ||
positioning monitoring system information from the device carried | ||
or worn by the defendant; and | ||
(B) notifies the victim if the defendant is at or | ||
near a location that the defendant has been ordered to refrain from | ||
going to or near under Subdivision (1); or | ||
(4) refrain from tracking or monitoring personal | ||
property or a motor vehicle in the possession of the alleged victim | ||
of the offense, without the victim's effective consent, including | ||
by: | ||
(A) using a tracking application on a personal | ||
electronic device in the possession of the victim or using a | ||
tracking device; or | ||
(B) physically following the victim or causing | ||
another to physically follow the victim. | ||
SECTION 4. Section 6.501(a), Family Code, is amended to | ||
read as follows: | ||
(a) After the filing of a suit for dissolution of a | ||
marriage, on the motion of a party or on the court's own motion, the | ||
court may grant a temporary restraining order without notice to the | ||
adverse party for the preservation of the property and for the | ||
protection of the parties as necessary, including an order | ||
prohibiting one or both parties from: | ||
(1) intentionally communicating in person or in any | ||
other manner, including by telephone or another electronic voice | ||
transmission, video chat, in writing, or electronic messaging, with | ||
the other party by use of vulgar, profane, obscene, or indecent | ||
language or in a coarse or offensive manner, with intent to annoy or | ||
alarm the other party; | ||
(2) threatening the other party in person or in any | ||
other manner, including by telephone or another electronic voice | ||
transmission, video chat, in writing, or electronic messaging, to | ||
take unlawful action against any person, intending by this action | ||
to annoy or alarm the other party; | ||
(3) placing a telephone call, anonymously, at an | ||
unreasonable hour, in an offensive and repetitious manner, or | ||
without a legitimate purpose of communication with the intent to | ||
annoy or alarm the other party; | ||
(4) intentionally, knowingly, or recklessly causing | ||
bodily injury to the other party or to a child of either party; | ||
(5) threatening the other party or a child of either | ||
party with imminent bodily injury; | ||
(6) intentionally, knowingly, or recklessly | ||
destroying, removing, concealing, encumbering, transferring, or | ||
otherwise harming or reducing the value of the property of the | ||
parties or either party with intent to obstruct the authority of the | ||
court to order a division of the estate of the parties in a manner | ||
that the court deems just and right, having due regard for the | ||
rights of each party and any children of the marriage; | ||
(7) intentionally falsifying a writing or record, | ||
including an electronic record, relating to the property of either | ||
party; | ||
(8) intentionally misrepresenting or refusing to | ||
disclose to the other party or to the court, on proper request, the | ||
existence, amount, or location of any tangible or intellectual | ||
property of the parties or either party, including electronically | ||
stored or recorded information; | ||
(9) intentionally or knowingly damaging or destroying | ||
the tangible or intellectual property of the parties or either | ||
party, including electronically stored or recorded information; | ||
(10) intentionally or knowingly tampering with the | ||
tangible or intellectual property of the parties or either party, | ||
including electronically stored or recorded information, and | ||
causing pecuniary loss or substantial inconvenience to the other | ||
party; | ||
(11) except as specifically authorized by the court: | ||
(A) selling, transferring, assigning, | ||
mortgaging, encumbering, or in any other manner alienating any of | ||
the property of the parties or either party, regardless of whether | ||
the property is: | ||
(i) personal property, real property, or | ||
intellectual property; or | ||
(ii) separate or community property; | ||
(B) incurring any debt, other than legal expenses | ||
in connection with the suit for dissolution of marriage; | ||
(C) withdrawing money from any checking or | ||
savings account in a financial institution for any purpose; | ||
(D) spending any money in either party's | ||
possession or subject to either party's control for any purpose; | ||
(E) withdrawing or borrowing money in any manner | ||
for any purpose from a retirement, profit sharing, pension, death, | ||
or other employee benefit plan, employee savings plan, individual | ||
retirement account, or Keogh account of either party; or | ||
(F) withdrawing or borrowing in any manner all or | ||
any part of the cash surrender value of a life insurance policy on | ||
the life of either party or a child of the parties; | ||
(12) entering any safe deposit box in the name of or | ||
subject to the control of the parties or either party, whether | ||
individually or jointly with others; | ||
(13) changing or in any manner altering the | ||
beneficiary designation on any life insurance policy on the life of | ||
either party or a child of the parties; | ||
(14) canceling, altering, failing to renew or pay | ||
premiums on, or in any manner affecting the level of coverage that | ||
existed at the time the suit was filed of, any life, casualty, | ||
automobile, or health insurance policy insuring the parties' | ||
property or persons, including a child of the parties; | ||
(15) opening or diverting mail or e-mail or any other | ||
electronic communication addressed to the other party; | ||
(16) signing or endorsing the other party's name on any | ||
negotiable instrument, check, or draft, including a tax refund, | ||
insurance payment, and dividend, or attempting to negotiate any | ||
negotiable instrument payable to the other party without the | ||
personal signature of the other party; | ||
(17) taking any action to terminate or limit credit or | ||
charge credit cards in the name of the other party; | ||
(18) discontinuing or reducing the withholding for | ||
federal income taxes from either party's wages or salary; | ||
(19) destroying, disposing of, or altering any | ||
financial records of the parties, including a canceled check, | ||
deposit slip, and other records from a financial institution, a | ||
record of credit purchases or cash advances, a tax return, and a | ||
financial statement; | ||
(20) destroying, disposing of, or altering any e-mail, | ||
text message, video message, or chat message or other electronic | ||
data or electronically stored information relevant to the subject | ||
matter of the suit for dissolution of marriage, regardless of | ||
whether the information is stored on a hard drive, in a removable | ||
storage device, in cloud storage, or in another electronic storage | ||
medium; | ||
(21) modifying, changing, or altering the native | ||
format or metadata of any electronic data or electronically stored | ||
information relevant to the subject matter of the suit for | ||
dissolution of marriage, regardless of whether the information is | ||
stored on a hard drive, in a removable storage device, in cloud | ||
storage, or in another electronic storage medium; | ||
(22) deleting any data or content from any social | ||
network profile used or created by either party or a child of the | ||
parties; | ||
(23) using any password or personal identification | ||
number to gain access to the other party's e-mail account, bank | ||
account, social media account, or any other electronic account; | ||
(24) terminating or in any manner affecting the | ||
service of water, electricity, gas, telephone, cable television, or | ||
any other contractual service, including security, pest control, | ||
landscaping, or yard maintenance at the residence of either party, | ||
or in any manner attempting to withdraw any deposit paid in | ||
connection with any of those services; | ||
(25) excluding the other party from the use and | ||
enjoyment of a specifically identified residence of the other | ||
party; [ |
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(26) entering, operating, or exercising control over a | ||
motor vehicle in the possession of the other party; or | ||
(27) tracking or monitoring personal property or a | ||
motor vehicle in the possession of a party, without that party's | ||
effective consent, including by: | ||
(A) using a tracking application on a personal | ||
electronic device in the possession of that party or using a | ||
tracking device; or | ||
(B) physically following that party or causing | ||
another to physically follow that party. | ||
SECTION 5. Section 85.022(b), Family Code, is amended to | ||
read as follows: | ||
(b) In a protective order, the court may prohibit the person | ||
found to have committed family violence from: | ||
(1) committing family violence; | ||
(2) communicating: | ||
(A) directly with a person protected by an order | ||
or a member of the family or household of a person protected by an | ||
order, in a threatening or harassing manner; | ||
(B) a threat through any person to a person | ||
protected by an order or a member of the family or household of a | ||
person protected by an order; and | ||
(C) if the court finds good cause, in any manner | ||
with a person protected by an order or a member of the family or | ||
household of a person protected by an order, except through the | ||
party's attorney or a person appointed by the court; | ||
(3) going to or near the residence or place of | ||
employment or business of a person protected by an order or a member | ||
of the family or household of a person protected by an order; | ||
(4) going to or near the residence, child-care | ||
facility, or school a child protected under the order normally | ||
attends or in which the child normally resides; | ||
(5) engaging in conduct directed specifically toward a | ||
person who is a person protected by an order or a member of the | ||
family or household of a person protected by an order, including | ||
following the person, that is reasonably likely to harass, annoy, | ||
alarm, abuse, torment, or embarrass the person; | ||
(6) possessing a firearm, unless the person is 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; [ |
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(7) harming, threatening, or interfering with the | ||
care, custody, or control of a pet, companion animal, or assistance | ||
animal, as defined by Section 121.002, Human Resources Code, that | ||
is possessed by or is in the actual or constructive care of a person | ||
protected by an order or by a member of the family or household of a | ||
person protected by an order; and | ||
(8) tracking or monitoring personal property or a | ||
motor vehicle in the possession of a person protected by an order or | ||
of a member of the family or household of a person protected by an | ||
order, without the person's effective consent, including by: | ||
(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 | ||
(B) physically following the person or the family | ||
or household member or causing another to physically follow the | ||
person or member. | ||
SECTION 6. 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 Subchapter A, Chapter 7B, 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, | ||
Chapter 85, Family Code, or Subchapter F, Chapter 261, 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; [ |
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(6) removes, attempts to remove, or otherwise tampers | ||
with the normal functioning of a global positioning monitoring | ||
system; or | ||
(7) tracks or monitors personal property or a motor | ||
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: | ||
(a) A person commits an offense if, with intent to harass, | ||
annoy, alarm, abuse, torment, or embarrass another, the person: | ||
(1) initiates communication and in the course of the | ||
communication makes a comment, request, suggestion, or proposal | ||
that is obscene; | ||
(2) threatens, in a manner reasonably likely to alarm | ||
the person receiving the threat, to inflict bodily injury on the | ||
person or to commit a felony against the person, a member of the | ||
person's family or household, or the person's property; | ||
(3) conveys, in a manner reasonably likely to alarm | ||
the person receiving the report, a false report, which is known by | ||
the conveyor to be false, that another person has suffered death or | ||
serious bodily injury; | ||
(4) causes the telephone of another to ring repeatedly | ||
or makes repeated telephone communications anonymously or in a | ||
manner reasonably likely to harass, annoy, alarm, abuse, torment, | ||
embarrass, or offend another; | ||
(5) makes a telephone call and intentionally fails to | ||
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 | ||
section; | ||
(7) sends repeated electronic communications in a | ||
manner reasonably likely to harass, annoy, alarm, abuse, torment, | ||
embarrass, or offend another; [ |
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(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 | ||
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 | ||
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 | ||
protective or restraining order rendered before the effective date | ||
of this Act is governed by the law in effect on the date the order | ||
was rendered, and the former law is continued in effect for that | ||
purpose. | ||
(b) Article 17.292, Code of Criminal Procedure, as amended | ||
by this Act, applies only to a magistrate's order for emergency | ||
protection entered on or after the effective date of this Act. A | ||
magistrate's order for emergency protection entered before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the order was entered, and the former law is continued in | ||
effect for that purpose. | ||
(c) Article 17.49, Code of Criminal Procedure, as amended by | ||
this Act, applies only to a defendant released on bond in connection | ||
with an offense committed on or after the effective date of this | ||
Act. A defendant released on bond in connection with an offense | ||
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 | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
(d) Sections 25.07 and 42.07, 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 subsection, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 9. This Act takes effect September 1, 2023. |