HB1008113th GA (Historical)Introduced

Amends TCA Title 39 and Title 40.

Present law defines "course of conduct" for purposes of stalking offenses 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.<br /> <br /> This bill changes the definition to make 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 constitute a course of conduct for the purpose of stalking offenses. However, this provision does 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.<br /> <br /> This bill also clarifies that prosecution under the offense of stalking, aggravated stalking, and especially aggravated stalking does not preclude the prosecution and conviction under other criminal statutes.<br />

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Overview

Present law defines "course of conduct" for purposes of stalking offenses 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.<br /> <br /> This bill changes the definition to make 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 constitute a course of conduct for the purpose of stalking offenses. However, this provision does 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.<br /> <br /> This bill also clarifies that prosecution under the offense of stalking, aggravated stalking, and especially aggravated stalking does not preclude the prosecution and conviction under other criminal statutes.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2023

Subjects
12102715

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