Bill Summary – FastDemocracy

      
            H.B. No. 2715
         
               AN ACT
            
            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; [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; 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; [or]
         
                         (4)  possessing a firearm, unless the person is a peace 
         
            officer, as defined by Section 1.07, Penal Code, actively engag
Statutes affected: 
Introduced: Family Code 6.501, Family Code 85.021, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)
House Committee Report: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)
Engrossed: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)
Senate Committee Report: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)
Enrolled: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)




	AN ACT
	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; [~~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; 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; [or]
	(4) possessing a firearm, unless the person is a peace
	officer, as defined by Section 1.07, Penal Code, actively engag Statutes affected: Introduced: Family Code 6.501, Family Code 85.021, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85) House Committee Report: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85) Engrossed: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85) Senate Committee Report: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85) Enrolled: Family Code 6.501, Family Code 85.022, Penal Code 25.07, Penal Code 42.07 (Penal Code 42, Family Code 6, Penal Code 25, Family Code 85)