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.