85R851 KJE-F     By: Perry S.B. No. 339       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the offense of indecent assault, to   judicial protection for victims of that offense, and to certain   criminal acts committed in relation to that offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 22, Penal Code, is amended by adding   Section 22.012 to read as follows:          Sec. 22.012.  INDECENT ASSAULT. (a) A person commits an   offense if, without the other person's consent and with the intent   to arouse or gratify the sexual desire of any person, the person:                (1)  touches, including through clothing, the anus,   breast, or any part of the genitals of another person;                (2)  touches another person, including through   clothing, with the anus, breast, or any part of the genitals of any   person;                (3)  removes or attempts to remove any clothing   covering another person's genitals, pubic area, anus, buttocks, or   female areola; or                (4)  causes another person to contact the blood,   seminal fluid, vaginal fluid, saliva, urine, or feces of any   person, including contact occurring through clothing.          (b)  An offense under this section is a Class A misdemeanor.          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under another law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 2.  The heading to Chapter 7A, Code of Criminal   Procedure, is amended to read as follows:   CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR   ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING          SECTION 3.  Article 7A.01(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  The following persons may file an application for a   protective order under this chapter without regard to the   relationship between the applicant and the alleged offender:                (1)  a person who is the victim of an offense under   Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal   Code;                (2)  a person who is the victim of an offense under   Section 20A.02, 20A.03, or 43.05, Penal Code;                (3)  a parent or guardian acting on behalf of a person   younger than 17 years of age who is the victim of an offense listed   in Subdivision (1);                (4)  a parent or guardian acting on behalf of a person   younger than 18 years of age who is the victim of an offense listed   in Subdivision (2); or                (5)  a prosecuting attorney acting on behalf of a   person described by Subdivision (1), (2), (3), or (4).          SECTION 4.  Article 7A.02, Code of Criminal Procedure, is   amended to read as follows:          Art. 7A.02.  TEMPORARY EX PARTE ORDER. If the court finds   from the information contained in an application for a protective   order that there is a clear and present danger of sexual assault or   abuse, indecent assault, stalking, trafficking, or other harm to   the applicant, the court, without further notice to the alleged   offender and without a hearing, may enter a temporary ex parte order   for the protection of the applicant or any other member of the   applicant's family or household.          SECTION 5.  Article 7A.03(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  At the close of a hearing on an application for a   protective order under this chapter, the court shall find whether   there are reasonable grounds to believe that the applicant is the   victim of sexual assault or abuse, indecent assault, stalking, or   trafficking.          SECTION 6.  Article 7A.035, Code of Criminal Procedure, is   amended to read as follows:          Art. 7A.035.  HEARSAY STATEMENT OF CHILD VICTIM. In a   hearing on an application for a protective order under this   chapter, a statement that is made by a child younger than 14 years   of age who is the victim of an offense under Section 21.02, 21.11,   22.011, 22.012, or 22.021, Penal Code, and that describes the   offense committed against the child is admissible as evidence in   the same manner that a child's statement regarding alleged abuse   against the child is admissible under Section 104.006, Family Code,   in a suit affecting the parent-child relationship.          SECTION 7.  Articles 17.292(a) and (g), Code of Criminal   Procedure, are amended to read as follows:          (a)  At a defendant's appearance before a magistrate after   arrest for an offense involving family violence or an offense under   Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal   Code, the magistrate may issue an order for emergency protection on   the magistrate's own motion or on the request of:                (1)  the victim of the offense;                (2)  the guardian of the victim;                (3)  a peace officer; or                (4)  the attorney representing the state.          (g)  An order for emergency protection issued under this   article must contain the following statements printed in bold-face   type or in capital letters:          "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED   BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY   CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT   RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR   TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR   FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS   ORDER.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS   PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE   POSSESSION OF A FIREARM BY A PERSON, OTHER THAN 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, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A   SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.          "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS   ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY   PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS   VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT   UNLESS A COURT CHANGES THE ORDER."          SECTION 8.  The heading to Article 56.021, Code of Criminal   Procedure, is amended to read as follows:          Art. 56.021.  RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,   INDECENT ASSAULT, STALKING, OR TRAFFICKING.          SECTION 9.  (a)  Article 56.021(d), Code of Criminal   Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th   Legislature, Regular Session, 2015, is amended to read as follows:          (d)  This subsection applies only to a victim of an offense   under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,   42.072, or 43.05, Penal Code.  In addition to the rights enumerated   in Article 56.02 and, if applicable, Subsection (a) of this   article, a victim described by this subsection or a parent or   guardian of the victim is entitled to the following rights within   the criminal justice system:                (1)  the right to request that the attorney   representing the state, subject to the Texas Disciplinary Rules of   Professional Conduct, file an application for a protective order   under Article 7A.01 on behalf of the victim;                (2)  the right to be informed:                      (A)  that the victim or the victim's parent or   guardian, as applicable, may file an application for a protective   order under Article 7A.01;                      (B)  of the court in which the application for a   protective order may be filed; and                      (C)  that, on request of the victim or the   victim's parent or guardian, as applicable, and subject to the   Texas Disciplinary Rules of Professional Conduct, the attorney   representing the state may file the application for a protective   order;                (3)  if the victim or the victim's parent or guardian,   as applicable, is present when the defendant is convicted or placed   on deferred adjudication community supervision, the right to be   given by the court the information described by Subdivision (2)   and, if the court has jurisdiction over applications for protective   orders that are filed under Article 7A.01, the right to file an   application for a protective order immediately following the   defendant's conviction or placement on deferred adjudication   community supervision; and                (4)  if the victim or the victim's parent or guardian,   as applicable, is not present when the defendant is convicted or   placed on deferred adjudication community supervision, the right to   be given by the attorney representing the state the information   described by Subdivision (2).          (b)  Article 56.021(d), Code of Criminal Procedure, as added   by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular   Session, 2015, is repealed as duplicative of Article 56.021(d),   Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),   Acts of the 84th Legislature, Regular Session, 2015.          SECTION 10.  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 magistrate's orders of emergency   protection and all other pertinent information about all persons   subject to active 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,   indecent assault, stalking, or trafficking case. Information in   the law enforcement information system relating to an active 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, or Article 17.292(e), Code of Criminal Procedure;                      (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, or Article 17.292(e), Code   of Criminal Procedure;                      (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, indecent   assault, stalking, or trafficking case;                      (H)  any minimum distance the person subject to   the order is required to maintain from the protected places or   persons; and                      (I)  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, indecent assault, 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 11.  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, INDECENT   ASSAULT, STALKING, OR TRAFFICKING CASE.          SECTION 12.  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,   indecent assault, 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, 22.012, 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;                (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; or                (6)  removes, attempts to remove, or otherwise tampers   with the normal functioning of a global positioning monitoring   system.          SECTION 13.  Section 25.07(b), Penal Code, is amended by   adding Subdivision (8) to read as follows:                (8)  "Indecent assault" means any conduct that   constitutes an offense under Section 22.012.          SECTION 14.  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,   INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.          SECTION 15.  Chapter 7A, Code of Criminal Procedure, as   amended by this Act, and Article 17.292, Code of Criminal   Procedure, as amended by this Act, apply only to a protective order   or magistrate's order for emergency protection that is issued on or   after the effective date of this Act.  An order issued before the   effective date of this Act is governed by the law in effect on the   date the order is issued, and the former law is continued in effect   for that purpose.          SECTION 16.  Article 56.021(d), Code of Criminal Procedure,   as amended by this Act, applies to a victim of criminally injurious   conduct for which a judgment of conviction is entered or a grant of   deferred adjudication is made on or after the effective date of this   Act, regardless of whether the criminally injurious conduct   occurred before, on, or after the effective date of this Act.          SECTION 17.  Sections 25.07 and 25.072, Penal Code, as   amended by this Act, 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 section, an offense   was committed before the effective date of this Act if any element   of the offense occurred before that date.          SECTION 18.  To the extent of any conflict, this Act prevails   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 19.  This Act takes effect September 1, 2017.