HBA-KMH H.B. 215 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 215
By: Hochberg
Criminal Jurisprudence
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law restricts a person convicted of stalking from going
near the victim's residence, place of employment, or business, or the
school or day-care facility of the victim's child.  The law does not
restrict the stalker from approaching a school in which the victim is
enrolled.  H.B. 215 adds schools to the list of places a judge may restrict
a person convicted of stalking from approaching as a condition of release
on bond. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (a), Article 17.46, Code of Criminal
Procedure, by authorizing a magistrate to prohibit a defendant charged with
an offense under Section 42.072, Penal Code (Stalking), from going near the
school of the victim as an additional condition of release on bond. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.