Bill Text: TX SB82 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the prosecution of the offense of stalking.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB82 Detail]
Download: Texas-2011-SB82-Enrolled.html
S.B. No. 82 |
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relating to the prosecution of the offense of stalking. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.072, Penal Code, is amended to read as | ||
follows: | ||
Sec. 42.072. STALKING. (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 | ||
another person, knowingly engages in conduct[ |
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(1) the actor knows or reasonably believes the other | ||
person will regard as threatening: | ||
(A) bodily injury or death for the other person; | ||
(B) bodily injury or death for a member of the | ||
other person's family or household or for an individual with whom | ||
the other person has a dating relationship; or | ||
(C) that an offense will be committed against the | ||
other person's property; | ||
(2) causes the other person, [ |
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person's family or household, or an individual with whom the other | ||
person has a dating relationship to be placed in fear of bodily | ||
injury or death or fear that an offense will be committed against | ||
the other person's property; and | ||
(3) would cause a reasonable person to fear: | ||
(A) bodily injury or death for himself or | ||
herself; | ||
(B) 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; or | ||
(C) that an offense will be committed against the | ||
person's property. | ||
(b) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the actor has previously been convicted of an offense under this | ||
section or of an offense under any of the following laws that | ||
contains elements that are substantially similar to the elements of | ||
an offense under this section: | ||
(1) the laws of another state; | ||
(2) the laws of a federally recognized Indian tribe; | ||
(3) the laws of a territory of the United States; or | ||
(4) federal law. | ||
(c) For purposes of this section, a trier of fact may find | ||
that different types of conduct described by Subsection (a), if | ||
engaged in on more than one occasion, constitute conduct that is | ||
engaged in pursuant to the same scheme or course of conduct. | ||
(d) In this section, "dating relationship," "family," | ||
"household," and "member of a household" have the meanings assigned | ||
by Chapter 71, Family Code. | ||
SECTION 2. Chapter 13, Code of Criminal Procedure, is | ||
amended by adding Article 13.36 to read as follows: | ||
Art. 13.36. STALKING. The offense of stalking may be | ||
prosecuted in any county in which an element of the offense | ||
occurred. | ||
SECTION 3. Chapter 38, Code of Criminal Procedure, is | ||
amended by adding Article 38.46 to read as follows: | ||
Art. 38.46. EVIDENCE IN PROSECUTIONS FOR STALKING. (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 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. | ||
(b) This article does not permit the presentation of | ||
character evidence that would otherwise be inadmissible under the | ||
Texas Rules of Evidence or other applicable law. | ||
SECTION 4. 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 | ||
covered 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 section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 5. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 82 passed the Senate on | ||
April 7, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 82 passed the House on | ||
May 19, 2011, by the following vote: Yeas 148, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |