81(R) HB 2240 - Enrolled version (original) (raw)

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AN ACT

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relating to creating the offense of continuous violence against the

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family.

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��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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��SECTION�1.��Chapter 25, Penal Code, is amended by adding

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Section 25.11 to read as follows:

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��Sec.�25.11.��CONTINUOUS VIOLENCE AGAINST THE FAMILY. (a) �A

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person commits an offense if, during a period that is 12 months or

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less in duration, the person two or more times engages in conduct

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that constitutes an offense under Section 22.01(a)(1) against

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another person or persons whose relationship to or association with

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the defendant is described by Section 71.0021(b), 71.003, or

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71.005, Family Code.

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��(b)��If the jury is the trier of fact, members of the jury are

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not required to agree unanimously on the specific conduct in which

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the defendant engaged that constituted an offense under Section

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22.01(a)(1) against the person or persons described by Subsection

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(a) or the exact date when that conduct occurred. The jury must

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agree unanimously that the defendant, during a period that is 12

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months or less in duration, two or more times engaged in conduct

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that constituted an offense under Section 22.01(a)(1) against the

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person or persons described by Subsection (a).

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��(c)��A defendant may not be convicted in the same criminal

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action of another offense the victim of which is an alleged victim

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of the offense under Subsection (a) and an element of which is any

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conduct that is alleged as an element of the offense under

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Subsection (a) unless the other offense:

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��(1)��is charged in the alternative;

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��(2)��occurred outside the period in which the offense

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alleged under Subsection (a) was committed; or

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��(3)��is considered by the trier of fact to be a lesser

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included offense of the offense alleged under Subsection (a).

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��(d)��A defendant may not be charged with more than one count

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under Subsection (a) if all of the specific conduct that is alleged

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to have been engaged in is alleged to have been committed against a

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single victim or members of the same household, as defined by

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Section 71.005, Family Code.

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��(e)��An offense under this section is a felony of the third

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degree.

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��SECTION�2.��Section 22.01(b), Penal Code, is amended to read

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as follows:

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��(b)��An offense under Subsection (a)(1) is a Class A

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misdemeanor, except that the offense is a felony of the third degree

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if the offense is committed against:

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��(1)��a person the actor knows is a public servant while

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the public servant is lawfully discharging an official duty, or in

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retaliation or on account of an exercise of official power or

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performance of an official duty as a public servant;

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��(2)��a person whose relationship to or association with

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the defendant is described by Section 71.0021(b), 71.003, or

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71.005, Family Code, if it is shown on the trial of the offense that

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the defendant has been previously convicted of an offense under

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this chapter, Chapter 19, or Section 20.03, 20.04, [or] 21.11, or

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25.11 against a person whose relationship to or association with

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the defendant is described by Section 71.0021(b), 71.003, or

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71.005, Family Code;

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��(3)��a person who contracts with government to perform

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a service in a facility as defined by Section 1.07(a)(14), Penal

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Code, or Section 51.02(13) or (14), Family Code, or an employee of

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that person:

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��(A)��while the person or employee is engaged in

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performing a service within the scope of the contract, if the actor

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knows the person or employee is authorized by government to provide

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the service;��or

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��(B)��in retaliation for or on account of the

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person's or employee's performance of a service within the scope of

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the contract;

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��(4)��a person the actor knows is a security officer

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while the officer is performing a duty as a security officer; or

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��(5)��a person the actor knows is emergency services

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personnel while the person is providing emergency services.

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��SECTION�3.��The change in law made by this Act applies only

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to an offense committed on or after the effective date of this Act.

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An offense committed before the effective date of this Act is

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covered by the law in effect when the offense was committed, and the

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former law is continued in effect for that purpose. For purposes of

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this section, an offense was committed before the effective date of

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this Act if any element of the offense occurred before that date.

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��SECTION�4.��This Act takes effect September 1, 2009.

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______________________________

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��President of the Senate

Speaker of the House��

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��I certify that H.B. No. 2240 was passed by the House on May 7,

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2009, by the following vote:��Yeas 144, Nays 0, 2 present, not

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voting; that the House refused to concur in Senate amendments to

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H.B. No. 2240 on May 29, 2009, and requested the appointment of a

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conference committee to consider the differences between the two

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houses; and that the House adopted the conference committee report

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on H.B. No. 2240 on May 31, 2009, by the following vote:��Yeas 142,

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Nays 0, 1 present, not voting.

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______________________________

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Chief Clerk of the House��

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��I certify that H.B. No. 2240 was passed by the Senate, with

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amendments, on May 26, 2009, by the following vote:��Yeas 31, Nays

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0; at the request of the House, the Senate appointed a conference

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committee to consider the differences between the two houses; and

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that the Senate adopted the conference committee report on H.B. No.

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2240 on May 31, 2009, by the following vote:��Yeas 31, Nays 0.

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______________________________

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Secretary of the Senate��

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APPROVED: __________________

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��Date��

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�� __________________

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��Governor��