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.