88R9984 MZM-F     By: Jones of Harris H.B. No. 3994       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 stalking of another person   was known to the victim, the actor's previous conduct constituting   stalking of that other person.          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, 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, 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.