By: Zaffirini  S.B. No. 1717
         (In the Senate - Filed March 7, 2023; March 16, 2023, read
  first time and referred to Committee on Criminal Justice;
  March 30, 2023, reported favorably by the following vote:  Yeas 7,
  Nays 0; March 30, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
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:
               (1)  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;
  and
               (2)  if a prosecution for stalking involves family
  violence, as defined by Section 71.004, Family Code, and the
  actor's previous conduct constituting family violence was known to
  the victim, the actor's previous conduct constituting family
  violence.
         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.
 
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