AEZ H.B. 2516 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2516
By: Chavez
4-17-97
Committee Report (Amended)



BACKGROUND 

Subsections of the disorderly conduct statute, Sec. 42.01, Penal Code,
already prohibit a person from looking into dwellings, hotels and similar
establishments for a lewd or unlawful purpose.  However, these provisions
do not apply to other locations such as schools, gymnasiums, and health
clubs, where persons can easily be victimized by this type of behavior.
Within the last year, a man dressed as a female was caught inside an El
Paso high school girl's restroom observing the girls in the restroom
stalls.  While he was apprehended, his conduct did not violate any
provision of the Penal Code that carried a penalty which was commensurate
with the seriousness of his behavior. 

PURPOSE

HB 2516, as proposed, would create a new offense, so that it will be
unlawful for a person to look into a public restroom, shower stall or
changing or dressing room for a lewd and unlawful purpose. This offense
will be classified as a Class A misdemeanor.  This Act will also
reclassify all acts of a lewd or sexual nature under the disorderly
conduct statute from Class C misdemeanors to Class A misdemeanors.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 42.01(a), Penal Code, Disorderly Conduct,  by
adding a new provision to make it an offense for a person to intentionally
or knowingly look into public restrooms, shower stalls or dressing or
changing rooms for a lewd or unlawful purpose.  This section also amends
Section 42.01(d), Penal Code, to classify this new offense, as well as all
the other provisions under the disorderly conduct statute relating to
conduct that is lewd or sexual in nature, as Class A misdemeanors. 

SECTION 2.The change in law made by this Act applies only to an offense
committed on or after the effective date of the Act. 

SECTION 3.  Effective Date:  September 1, 1997.

SECTION 4.  Emergency Clause.


EXPLANATION OF AMENDMENTS

The amendment makes sec. (a)(12) a Class C misdemeanor.