HB368 - Relating to a prohibition on remotely controlling electronic devices of certain individuals and to the criminal prosecution of that conduct.

  89R296 JSC-D     By: Landgraf, Hull, Howard H.B. No. 368       A BILL TO BE ENTITLED   AN ACT   relating to a prohibition on remotely controlling electronic   devices of certain individuals and to the criminal prosecution of   that conduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 7B.005(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In a protective order issued under this subchapter, the   court may:                (1)  order the alleged offender to take action as   specified by the court that the court determines is necessary or   appropriate to prevent or reduce the likelihood of future harm to   the applicant or a member of the applicant's family or household; or                (2)  prohibit the alleged offender from:                      (A)  communicating:                            (i)  directly or indirectly with the   applicant or any member of the applicant's family or household in a   threatening or harassing manner; or                            (ii)  in any manner with the applicant or any   member of the applicant's family or household except through the   applicant's attorney or a person appointed by the court, if the   court finds good cause for the prohibition;                      (B)  going to or near the residence, place of   employment or business, or child-care facility or school of the   applicant or any member of the applicant's family or household;                      (C)  engaging in conduct directed specifically   toward the applicant or any member of the applicant's family or   household, including following the person, that is reasonably   likely to harass, annoy, alarm, abuse, torment, or embarrass the   person;                      (D)  possessing a firearm, unless the alleged   offender is 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; [ and ]                      (E)  tracking or monitoring personal property or a   motor vehicle in the possession of the applicant or of a member of   the applicant's family or household, without the applicant's   effective consent, including by:                            (i)  using a tracking application on a   personal electronic device in the possession of the applicant or   the family or household member or using a tracking device; or                            (ii)  physically following the applicant or   the family or household member or causing another to physically   follow the applicant or member ; and                       (F)     remotely controlling an electronic device   affecting the residence, vehicle, or property of:                             (i)  the applicant; or                             (ii)     a member of the applicant's family or   household .          SECTION 2.  Article 17.292(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The magistrate in the order for emergency protection may   prohibit the arrested party from:                (1)  committing:                      (A)  family violence or an assault on the person   protected under the order; or                      (B)  an act in furtherance of an offense under   Section 20A.02 or 42.072, Penal Code;                (2)  communicating:                      (A)  directly with a member of the family or   household or with the person protected under the order in a   threatening or harassing manner;                      (B)  a threat through any person to a member of the   family or household or to the person protected under the order; or                      (C)  if the magistrate finds good cause, in any   manner with a person protected under the order or a member of the   family or household of a person protected under the order, except   through the party's attorney or a person appointed by the court;                (3)  going to or near:                      (A)  the residence, place of employment, or   business of a member of the family or household or of the person   protected under the order; or                      (B)  the residence, child care facility, or school   where a child protected under the order resides or attends;                (4)  possessing a firearm, unless the person is 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; [ or ]                (5)  tracking or monitoring personal property or a   motor vehicle in the possession of the person protected under the   order or of a member of the family or household of the person   protected under the order, without the protected person's effective   consent, including by:                      (A)  using a tracking application on a personal   electronic device in the possession of the person or the family or   household member or using a tracking device; or                      (B)  physically following the person or the family   or household member or causing another to physically follow the   person or member ; or                 (6)     remotely controlling an electronic device   affecting the residence, vehicle, or property of:                       (A)  the person protected under the order; or                       (B)     a member of the family or household of the   person protected under the order .          SECTION 3.  Article 17.49(b), Code of Criminal Procedure, is   amended to read as follows:          (b)  A magistrate may require as a condition of release on   bond that a defendant charged with an offense involving family   violence:                (1)  refrain from going to or near a residence, school,   place of employment, or other location, as specifically described   in the bond, frequented by an alleged victim of the offense;                (2)  carry or wear a global positioning monitoring   system device and, except as provided by Subsection (h), pay a   reimbursement fee for the costs associated with operating that   system in relation to the defendant;                (3)  except as provided by Subsection (h), if the   alleged victim of the offense consents after receiving the   information described by Subsection (d), pay a reimbursement fee   for the costs associated with providing the victim with an   electronic receptor device that:                      (A)  is capable of receiving the global   positioning monitoring system information from the device carried   or worn by the defendant; and                      (B)  notifies the victim if the defendant is at or   near a location that the defendant has been ordered to refrain from   going to or near under Subdivision (1); [ or ]                (4)  refrain from tracking or monitoring personal   property or a motor vehicle in the possession of the alleged victim   of the offense, without the victim's effective consent, including   by:                      (A)  using a tracking application on a personal   electronic device in the possession of the victim or using a   tracking device; or                      (B)  physically following the victim or causing   another to physically follow the victim ; or                 (5)     refrain from remotely controlling an electronic   device affecting the residence, vehicle, or property of the alleged   victim of the offense .          SECTION 4.  Section 6.501(a), Family Code, is amended to   read as follows:          (a)  After the filing of a suit for dissolution of a   marriage, on the motion of a party or on the court's own motion, the   court may grant a temporary restraining order without notice to the   adverse party for the preservation of the property and for the   protection of the parties as necessary, including an order   prohibiting one or both parties from:                (1)  intentionally communicating in person or in any   other manner, including by telephone or another electronic voice   transmission, video chat, in writing, or electronic messaging, with   the other party by use of vulgar, profane, obscene, or indecent   language or in a coarse or offensive manner, with intent to annoy or   alarm the other party;                (2)  threatening the other party in person or in any   other manner, including by telephone or another electronic voice   transmission, video chat, in writing, or electronic messaging, to   take unlawful action against any person, intending by this action   to annoy or alarm the other party;                (3)  placing a telephone call, anonymously, at an   unreasonable hour, in an offensive and repetitious manner, or   without a legitimate purpose of communication with the intent to   annoy or alarm the other party;                (4)  intentionally, knowingly, or recklessly causing   bodily injury to the other party or to a child of either party;                (5)  threatening the other party or a child of either   party with imminent bodily injury;                (6)  intentionally, knowingly, or recklessly   destroying, removing, concealing, encumbering, transferring, or   otherwise harming or reducing the value of the property of the   parties or either party with intent to obstruct the authority [Text truncated for display. Full text available on Congress.gov.]