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.