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.