Relating to changing the eligibility for community supervision of a person convicted of stalking and to the offense of improper contact with the person's victim.

89(R) SB 1021 - Enrolled version - Bill Text

S.B. No. 1021

AN ACT

relating to changing the eligibility for community supervision of a

person convicted of stalking and to the offense of improper contact

with the person's victim.

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

SECTION 1. Article 42A.054(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Article 42A.053 does not apply to a defendant adjudged

guilty of an offense under:

(1) Section 15.03, Penal Code, if the offense is

punishable as a felony of the first degree;

(2) Section 19.02, Penal Code (Murder);

(3) Section 19.03, Penal Code (Capital Murder);

(4) Section 20.04, Penal Code (Aggravated

Kidnapping);

(5) Section 20A.02, Penal Code (Trafficking of

Persons);

(6) Section 20A.03, Penal Code (Continuous

Trafficking of Persons);

(7) Section 21.11, Penal Code (Indecency with a

Child);

(8) Section 22.011, Penal Code (Sexual Assault);

(9) Section 22.021, Penal Code (Aggravated Sexual

Assault);

(10) Section 22.04(a)(1), Penal Code (Injury to a

Child, Elderly Individual, or Disabled Individual), if:

(A) the offense is punishable as a felony of the

first degree; and

(B) the victim of the offense is a child;

(11) Section 29.03, Penal Code (Aggravated Robbery);

(12) Section 30.02, Penal Code (Burglary), if:

(A) the offense is punishable under Subsection

(d) of that section; and

(B) the actor committed the offense with the

intent to commit a felony under Section 21.02, 21.11, 22.011,

22.021, or 25.02, Penal Code;

(13)
Section 42.072, Penal Code (Stalking);

(14)
Section 43.04, Penal Code (Aggravated Promotion

of Prostitution);

(15)
[
(14)
] Section 43.05, Penal Code (Compelling

Prostitution);

(16)
[
(15)
] Section 43.25, Penal Code (Sexual

Performance by a Child);

(17)
[
(16)
] Section 43.26, Penal Code (Possession or

Promotion of Child Pornography);

(18)
[
(17)
] Chapter 481, Health and Safety Code, for

which punishment is increased under:

(A) Section 481.140 of that code (Use of Child in

Commission of Offense); or

(B) Section 481.134(c), (d), (e), or (f) of that

code (Drug-free Zones) if it is shown that the defendant has been

previously convicted of an offense for which punishment was

increased under any of those subsections; or

(19)
[
(18)
] Section 481.1123, Health and Safety Code

(Manufacture or Delivery of Substance in Penalty Group 1-B), if the

offense is punishable under Subsection (d), (e), or (f) of that

section.

SECTION 2. Section 773.0614(c), Health and Safety Code, is

amended to read as follows:

(c) A certificate holder's certificate shall be revoked if

the certificate holder has been convicted of or placed on deferred

adjudication community supervision or deferred disposition for:

(1) an offense listed in Article 42A.054(a)(2), (3),

(4), (7), (8), (9), (11), or
(18)
[
(17)
], Code of Criminal

Procedure; or

(2) an offense, other than an offense described by

Subdivision (1), committed on or after September 1, 2009, for which

the person is subject to registration under Chapter 62, Code of

Criminal Procedure.

SECTION 3. Section 773.06141(a), Health and Safety Code, as

effective April 1, 2025, is amended to read as follows:

(a) The department may suspend, revoke, or deny an emergency

medical services provider license on the grounds that the

provider's administrator of record, employee, or other

representative:

(1) has been convicted of, or placed on deferred

adjudication community supervision or deferred disposition for, an

offense that directly relates to the duties and responsibilities of

the administrator, employee, or representative, other than an

offense described by Section 542.304, Transportation Code;

(2) has been convicted of or placed on deferred

adjudication community supervision or deferred disposition for an

offense, including:

(A) an offense listed in Article 42A.054(a)(2),

(3), (4), (7), (8), (9), (11), or
(18)
[
(17)
], Code of Criminal

Procedure; or

(B) an offense, other than an offense described

by Subdivision (1), for which the person is subject to registration

under Chapter 62, Code of Criminal Procedure; or

(3) has been convicted of Medicare or Medicaid fraud,

has been excluded from participation in the state Medicaid program,

or has a hold on payment for reimbursement under the state Medicaid

program under Subchapter G, Chapter 544, Government Code.

SECTION 4. Section 38.111(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person, while

confined in a correctional facility after being charged with or

convicted of an offense
under Section 42.072 or
listed in Article

62.001(5), Code of Criminal Procedure, contacts by letter,

telephone, or any other means, either directly or through a third

party, a victim of the offense or a member of the victim's family,

if the director of the correctional facility has not, before the

person makes contact with the victim:

(1) received written and dated consent to the contact

from:

(A) the victim, if the victim was 17 years of age

or older at the time of the commission of the offense for which the

person is confined; or

(B) if the victim was younger than 17 years of age

at the time of the commission of the offense for which the person is

confined:

(i) a parent of the victim;

(ii) a legal guardian of the victim;

(iii) the victim, if the victim is 17 years

of age or older at the time of giving the consent; or

(iv) a member of the victim's family who is

17 years of age or older; and

(2) provided the person with a copy of the consent.

SECTION 5. 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 6. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1021 passed the Senate on

April 1, 2025, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1021 passed the House on

May 27, 2025, by the following vote: Yeas 142, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor