HBA-NMO H.B. 773 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 773
By: Naishtat
Criminal Jurisprudence
3/16/99
Introduced



BACKGROUND AND PURPOSE 

Currently, a person commits a Class C misdemeanor if the person engages in
voyeuristic conduct under Section 42.01, Penal Code (Disorderly Conduct).
The penalty remains the same if the person who commits the offense is
registered as a sex offender.  H.B. 773 increases the penalty for engaging
in voyeuristic conduct to a Class B misdemeanor, unless the person who
commits the offense is registered as a sex offender, in which case the
penalty is increased to a Class A misdemeanor. 

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 Section 42.01, Penal Code, by amending Subsection (d)
and adding Subsections (e) and (f), as follows: 

(d) Makes conforming changes.

(e) Makes conforming changes.

(f) Provides that an offense (disorderly conduct) under Subsection (a)(7)
or (8) is a Class B misdemeanor, rather than a Class C misdemeanor, unless
the person who commits the offense has previously been convicted of an
offense for which registration as a sex offender is required under Chapter
62, Code of Criminal Procedure (Missing Children and Missing Persons), in
which event the offense is a Class A misdemeanor.  Subsection (a)(7)
provides that a person commits disorderly conduct if the person
intentionally or knowingly enters on the property of another and for a lewd
or unlawful purpose looks into a dwelling on the property.  Subsection
(a)(8) provides that a person commits disorderly conduct if the person
intentionally or knowingly, while on the premises of a hotel or comparable
establishment, looks into another's guest room for a lewd or unlawful
purpose. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.