Amends TCA Title 39 and Title 40.
Present law defines "course of conduct" for purposes of stalking offense to mean a pattern of conduct composed of a series of two or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property. This bill adds that one instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property is considered a course of conduct. This provision will not apply to the installation, concealment, or placement of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law. This bill specifies that the statute governing stalking offense does not prohibit prosecution and conviction under another criminal statute.
Present law defines "course of conduct" for purposes of stalking offense to mean a pattern of conduct composed of a series of two or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property. This bill adds that one instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property is considered a course of conduct. This provision will not apply to the installation, concealment, or placement of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law. This bill specifies that the statute governing stalking offense does not prohibit prosecution and conviction under another criminal statute.
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