83R5513 JSC-F
	By: Moody	H.B. No. 1462

	A BILL TO BE ENTITLED
	AN ACT
	relating to violation of certain protective orders or conditions of
	bond; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 the victim or the safety of the community, 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, or Chapter
	85, 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 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)  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; [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; or
	(6)  goes near a protected individual or a member of the
	family or household of a protected individual.
	SECTION 2.  Section 25.071(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if, in violation of an order
	issued under Article 6.08, Code of Criminal Procedure, the person
	knowingly or intentionally:
	(1)  commits an offense under Title 5 or Section 28.02,
	28.03, or 28.08 and commits the offense because of bias or prejudice
	as described by Article 42.014, Code of Criminal Procedure;
	(2)  communicates:
	(A)  directly with a protected individual in a
	threatening or harassing manner;
	(B)  a threat through any person to a protected
	individual; or
	(C)  in any manner with the protected individual,
	if the order prohibits any communication with a protected
	individual; [or]
	(3)  goes to or near the residence or place of
	employment or business of a protected individual; or
	(4)  goes near a protected individual or a member of the
	family or household of a protected individual.
	SECTION 3.  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 directly or indirectly with the
	applicant or any member of the applicant's family or household in a
	threatening or harassing manner;
	(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; or
	(4)  goes near the applicant or a member of the family
	or household of the applicant.
	SECTION 4.  Article 17.152(d), Code of Criminal Procedure,
	is amended to read as follows:
	(d)  A person who commits an offense under Section
	25.07(a)(3) or (6), Penal Code, may be held without bail under
	Subsection (b) or (c), as applicable, only if following a hearing
	the judge or magistrate determines by a preponderance of the
	evidence that the person went to or near the place described in the
	order or condition of bond or went near a protected individual or a
	member of the family or household of a protected individual with the
	intent to commit or threaten to commit:
	(1)  family violence; or
	(2)  an act in furtherance of an offense under Section
	42.072, Penal Code.
	SECTION 5.  This Act takes effect September 1, 2013.