83R4472 GCB-F
	By: Carter	H.B. No. 1848

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain conditions of, penalties for violating, or
	collection of information about protective orders issued in certain
	family violence, sexual assault or abuse, stalking, or trafficking
	cases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 7A, Code of Criminal
	Procedure, is amended to read as follows:
	CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
	OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
	SECTION 2.  Article 7A.05(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  In a protective order issued under this chapter, 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; and
	(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.
	SECTION 3.  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 all other pertinent information
	about all persons on active protective 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 stalking case.  Information in the law enforcement
	information system relating to an active protective 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;
	(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;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed; [and]
	(G)  the conditions of bond imposed on the person
	to whom the order is directed for the protection of a victim in any
	family violence, sexual assault, or stalking case; and
	(H)  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 issued under Title 4,
	Family Code, or Chapter 7A or Article 17.292, Code of Criminal
	Procedure, and reporting procedures that ensure that information
	relating to the issuance, modification, or removal of any
	conditions imposed through [of] an active protective order and to
	the 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); and
	(6)  a system for providing criminal history record
	information through the criminal history clearinghouse under
	Section 411.0845.
	SECTION 4.  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 STALKING CASE.
	SECTION 5.  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 case] and related to the
	safety of a [the] victim or the safety of the community, an order
	issued under Article 17.292, Code of Criminal Procedure, in a
	family violence, sexual assault, or stalking case, 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, in a family violence case, or an order issued by
	another jurisdiction as provided by Chapter 88, Family Code, in a
	family violence case, the person knowingly or intentionally:
	(1)  commits family violence or an act in furtherance
	of an offense under Section 22.011, 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)  in any manner with the protected individual
	or a member of the family or household except through the protected
	individual's attorney or a person appointed by the court;
	(C)  a threat through any person to a protected
	individual or a member of the family or household; or
	(D) [(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; or
	(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.
	SECTION 6.  Section 25.07(b), Penal Code, is amended by
	adding Subdivisions (4) and (5) to read as follows:
	(4)  "Sexual assault" means any act as described by
	Section 22.011 or 22.021.
	(5)  "Stalking" means any conduct that constitutes an
	offense under Section 42.072.
	SECTION 7.  The heading to Section 38.112, Penal Code, is
	amended to read as follows:
	Sec. 38.112.  VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
	OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
	SECTION 8.  Section 38.112(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if, in violation of an order
	issued under Chapter 7A, Code of Criminal Procedure, the person
	knowingly:
	(1)  communicates:
	(A)  directly or indirectly with the applicant or
	any member of the applicant's family or household in a threatening
	or harassing manner; or
	(B)  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;
	(2)  goes 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; or
	(3)  possesses a firearm.
	SECTION 9.  The changes in law made by this Act in amending
	Sections 25.07 and 38.112, Penal Code, 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 10.  This Act takes effect September 1, 2013.