BILL ANALYSIS C.S.S.B. 126 By: Moncrief Criminal Justice 2-8-95 Committee Report (Substituted) 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, C.S.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 engaging in conduct directed specifically toward another person with the intent to harass, annoy, alarm, abuse, torment or embarrass that person. Makes nonsubstantive changes. (b) Defines "obscene," "family." (c) Provides that an offense under this section, rather than only Subsections (a)(1)-(a)(6), is a Class B misdemeanor. Deletes existing Subdivisions (d) and (e). SECTION 2. Amends Chapter 42, Penal Code, 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) Provides that an offense under this section is a Class A misdemeanor, except that an offense is a third degree felony if the actor has previously been convicted under this section. (c) Provides that it is an affirmative defense to prosecution that 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, to make a conforming change. SECTION 4. Amends Section 11(1)(1), Article 42.12, Code of Criminal Procedure, to make a conforming change. SECTION 5. Amends Section 8(o)(1), Article 42.18, Code of Criminal Procedure, to make a conforming change. SECTION 6. Amends Subsection (a), Article 56.11, Code of Criminal Procedure, 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.