85S10923 KJE-F
	By: Moody	H.B. No. 309

	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)  exposes or attempts to expose 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.  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 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 of 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).
	SECTION 10.  Section 411.042(b), Government Code, as amended
	by H.B. 2552 and S.B. 1242, Acts of the 85th Legislature, Regular
	Session, 2017, and as effective September 1, 2017, is reenacted and
	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, 43.02(a),
	43.02(b), 43.03, 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 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 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.
	SECTION 11.  Section 411.042(g), Government Code, is amended
	to read as follows:
	(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 12.  (a) This section takes effect only if the
	comptroller determines that Sections 14 and 69, H.B. 7, Acts of the
	85th Legislature, Regular Session, 2017, took effect as provided by
	H.B. 7.
	(b)  The heading to Section 25.07, Penal Code, as effective
	September 1, 2017, is amended to read as follows:
	Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
	OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
	OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
	(c)  Section 25.07(a), Penal Code, as effective September 1,
	2017, 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, Chapter 85,
	Family Code, or Subchapter F, Chapter 261, 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.
	(d)  The heading to Section 25.072, Penal Code, as effective
	September 1, 2017, is amended to read as follows:
	Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
	CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
	SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
	CASE.
	(e)  Sections 25.07 and 25.072, Penal Code, as amended by
	this section, 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 when the
	offense was committed, and the former law is continued in effect for
	that purpose. For purposes of this subsection, an offense was
	committed before the effective date of this Act if any element of
	the offense occurred before that date.
	SECTION 13.  (a) This section takes effect only if the
	comptroller determines that Sections 14 and 69, H.B. 7, Acts of the
	85th Legislature, Regular Session, 2017, did not take effect as
	provided by H.B. 7.
	(b)  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.
	(c)  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.
	(d)  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.
	(e)  Sections 25.07 and 25.072, Penal Code, as amended by
	this section, 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 when the
	offense was committed, and the former law is continued in effect for
	that purpose. For purposes of this subsection, an offense was
	committed before the effective date of this Act if any element of
	the offense occurred before that date.
	SECTION 14.  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 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.  Not later than the 30th day after the effective
	date of this section, the comptroller shall make the determination
	described by Sections 12(a) and 13(a) of this Act.
	SECTION 18.  (a) Except as provided by Subsection (b) of
	this section, this Act takes effect January 1, 2018.
	(b)  Section 17 of this Act takes effect immediately if this
	Act receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, Section 17 of this Act takes effect on the 91st day after
	the last day of the legislative session.