84R1384 JSC-F
	By: Hernandez Luna	H.B. No. 498

	A BILL TO BE ENTITLED
	AN ACT
	relating to the violation of certain court orders or conditions of
	bond in a family violence, sexual assault or abuse, stalking, or
	trafficking case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 ABUSE, [OR]
	STALKING, OR TRAFFICKING CASE.
	SECTION 2.  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, sexual assault or abuse,
	[or] stalking, or trafficking case and related to the safety of a
	victim or the safety of the community, an order issued under Chapter
	7A, Code of Criminal Procedure, 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 20A.02, 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
	condition of bond.
	SECTION 3.  Section 25.07(b), Penal Code, is amended by
	adding Subdivision (7) to read as follows:
	(7)  "Trafficking" means any conduct that constitutes
	an offense under Section 20A.02.
	SECTION 4.  The heading to Section 25.072, Penal Code, is
	amended to read as follows:
	Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
	CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
	STALKING, OR TRAFFICKING CASE.
	SECTION 5.  Articles 14.03(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  Any peace officer may arrest, without warrant:
	(1)  persons found in suspicious places and under
	circumstances which reasonably show that such persons have been
	guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
	breach of the peace, or offense under Section 49.02, Penal Code, or
	threaten, or are about to commit some offense against the laws;
	(2)  persons who the peace officer has probable cause
	to believe have committed an assault resulting in bodily injury to
	another person and the peace officer has probable cause to believe
	that there is danger of further bodily injury to that person;
	(3)  persons who the peace officer has probable cause
	to believe have committed an offense defined by Section 25.07,
	Penal Code [(violation of Protective Order), or by Section 38.112,
	Penal Code (violation of Protective Order issued on basis of sexual
	assault)], if the offense is not committed in the presence of the
	peace officer;
	(4)  persons who the peace officer has probable cause
	to believe have committed an offense involving family violence;
	(5)  persons who the peace officer has probable cause
	to believe have prevented or interfered with an individual's
	ability to place a telephone call in an emergency, as defined by
	Section 42.062(d), Penal Code, if the offense is not committed in
	the presence of the peace officer; or
	(6)  a person who makes a statement to the peace officer
	that would be admissible against the person under Article 38.21 and
	establishes probable cause to believe that the person has committed
	a felony.
	(b)  A peace officer shall arrest, without a warrant, a
	person the peace officer has probable cause to believe has
	committed an offense under Section 25.07, Penal Code [(violation of
	Protective Order), or Section 38.112, Penal Code (violation of
	Protective Order issued on basis of sexual assault)], if the
	offense is committed in the presence of the peace officer.
	SECTION 6.  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 abuse, [or] stalking, or trafficking 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;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, [or]
	stalking, or trafficking 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 and reporting procedures
	that ensure that information relating to the issuance and 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);
	(6)  a system for providing criminal history record
	information through the criminal history clearinghouse under
	Section 411.0845; and
	(7)  active conditions of bond imposed on a defendant
	for the protection of a victim in any family violence, sexual
	assault or abuse, [or] stalking, or trafficking case, and reporting
	procedures that ensure that information relating to the issuance,
	modification, or removal of the conditions of bond is reported, at
	the time of the issuance, modification, or removal, to:
	(A)  the victim or, if the victim is deceased, a
	close relative of the victim; and
	(B)  the local law enforcement agency for entry by
	the local law enforcement agency in the state's law enforcement
	information system.
	SECTION 7.  Section 38.112, Penal Code, is repealed.
	SECTION 8.  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 9.  This Act takes effect September 1, 2015.