BILL ANALYSIS S.B. 126 By: Moncrief (McCall) April 3, 1995 Committee Report (Unamended) BACKGROUND Currently, a victim of stalking must report the stalking behavior at least twice before charges can be filed. When a victim reports the stalking the first time, the law enforcement agency then must inform the victim that charges cannot be filed until the next occurrence, even if the victim can demonstrate a pattern of stalking behavior at the time. PURPOSE As proposed, S.B. 126 eliminates the requirement that a victim of an offense must report the conduct to a law enforcement agency in order to be considered a stalking offense. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 42.07, Penal Code, as follows: Sec. 42.07. HARASSMENT. (a) Deletes the provision that previous stalking behavior must have been reported in order to be considered as in conduct directed specifically toward another person with the intent to harass, annoy, alarm, abuse, torment or embarrass that person. (b) Defines "obscene," "family." (c) Provides that an offense under this section, rather than only under Subsections (a)(1)-(a)(6), is a Class B misdemeanor. Existing Subdivision (d), classification of offense under Subsection (a)(7) is deleted. Existing Subdivision (e), affirmative defense to prosecution, is deleted. SECTION 2. Amends Chapter 42, Penal Code,(Disorderly Conduct and Related Offenses) by adding Section 42.071, as follows: Sec. 42.071. STALKING. (a) Provides that a person commits an offense if the person engages in certain activities with the intent to harass, annoy, alarm, abuse, torment, or embarrass another. (b) Classifies that an offense under this section as a Class A misdemeanor, as a third degree felony if the actor has previously been convicted under this section. (c) Provides an affirmative defense to prosecution if the actor was engaged in conduct that consisted of activity in support of constitutionally or statutorily protected rights. (d) Defines "family." SECTION 3. Amends Subsection (a), Article 17.46, Code of Criminal Procedure (Conditions for a Defendant Charged with Stalking), to make a conforming change. SECTION 4. Amends Section 11(1)(1), Article 42.12, Code of Criminal Procedure (Community Supervision), to make a conforming change. SECTION 5. Amends Section 8(o)(1), Article 42.18, Code of Criminal Procedure (Adult Parole and Mandatory Supervision Law, to make a conforming change. SECTION 6. Amends Subsection (a), Article 56.11, Code of Criminal Procedure (Notification to Stalking Victim), to make conforming changes. SECTION 7. Amends Section 501.006(i), Government Code, to make a conforming change. SECTION 8. Makes application of this Act prospective. SECTION 9. Effective date September 1, 1995. SECTION 10. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 126 was referred directly to subcommittee by the Chair on March 8, 1995. SB 126 was considered by the subcommittee in a formal meeting on March 30, 1995. SB 126 was reported favorably without amendment, to the full committee by a record vote of 3 ayes, 0 nays, 0 pnv, and 0 absent. SB 126 was considered on subcommittee report by the full committee in a public hearing on April 3, 1995. SB 126 was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 0 absent.