AEZ S.B. 97 75(R)    BILL ANALYSIS


Select Committee on S.B. 97
S.B. 97
By: Moncrief (McCall)
1-21-97
Committee Report (Amended)



BACKGROUND 

Currently, Texas law defines stalking as conduct directed specifically
toward another person, including following the person, that is intended
and is reasonably likely to harrass, annoy, alarm, abuse, torment, or
embarrass the person, and which, on at least one occasion, threatens to
inflict bodily injury on the person or threatens to commit an offense
against the person, a member of the person's family, or the person's
property.  The Texas Court of Criminal Appeals recently struck down this
statute on constitutional grounds of "vagueness."  S.B. 97 responds to the
court's concerns by addressing the issues of course of conduct and
continuity of purpose, redefining threatening behavior, and providing
reasonable person standards.   

PURPOSE

As proposed, S.B. 97 establishes the prosecution, punishment, and
sentencing of a defendant charged with the offense of stalking.   

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 Chapter 42, Penal Code, by adding Section 42.072, as
follows: 

Sec. 42.072.  STALKING.  Provides that a person commits a Class A
misdemeanor offense, except that the offense is a third degree felony if
the actor has previously been convicted under this section, if the person,
on more than one occasion and pursuant to the same scheme or course of
conduct that is directed specifically at another person, knowingly engages
in conduct, including following the other person, that the actor knows or
reasonably believes the other person will regard as threatening; that
causes the other person or member of the other person's family to be
placed in fear of bodily injury, death, or injury to that person's
property; and that would cause a reasonable person to fear bodily injury
for himself or herself or a member of the person's family or fear that an
offense will be committed against the person's property. Defines "family." 

SECTION 2. Amends Section 25.07(a), Penal Code, to delete Subdivision (4)
and make conforming changes. 

SECTION 3. Amends Section 17.29(b), Code of Criminal Procedure, to make a
conforming change. 

SECTION 4. Amends Article 17.292(a) and (b), Code of Criminal Procedure,
to make conforming changes. 

SECTION 5. Amends Article 17.46(a), Code of Criminal Procedure, to make a
conforming change. 

 SECTION 6. Amends Section 11(l), Article 42.12, Code of Criminal
Procedure, to authorize the court, if the court grants community
supervision, rather than probation, to a person convicted of an offense
under Section 42.072, Penal Code, to require as a condition of community
supervision that the person may not communicate directly or indirectly
with the victim or go near the residence, place of employment, or business
of the victim or near a facility where a dependent child of the victim is
in attendance.  Makes conforming changes. 

SECTION 7. Amends Section 8(o)(1), Article 42.18, Code of Criminal
Procedure, to make a conforming change.   

SECTION 8. Amends Article 56.11(a), Code of Criminal Procedure, to make a
conforming change. 

SECTION 9. Amends Section 501.006, Government Code, to make conforming
changes. 

SECTION 10. Repealer:  Section 42.071, Penal Code (Stalking).

SECTION 11. Emergency clause.
                       Effective date:  upon passage.  

EXPLANATION OF AMENDMENTS

Amendment #1 added language stipulating that the actor knows or reasonably
believes the other person will regard as threatening bodily injury to that
person, a member of that person's family or household; to that person's
property. 

Amendment #2 adds other person's "household" to those placed in fear of
bodily injury or death under the definition of stalking.