SRC-JBJ S.B. 962 76(R)BILL ANALYSIS


Senate Research CenterS.B. 962
By: Barrientos
Criminal Justice
4/23/1999
Committee Report (Amended)


DIGEST 

Currently, the Penal Code defines stalking as communications made in
person, in writing, or by telephone.  The code, however, does not include
communications made electronically, such as by Internet electronic mail.
S.B.962 would add electronic communication to the methods of communicating
in a harassment offense. 

PURPOSE

As proposed, S.B. 962 adds electronic communication to the methods of
communicating in a harassment offense. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.07, Chapter 42, Penal Code, by amending
Subsections (a)-(c), to provide that a person commits an offense if, with
intent to harass, the person initiates communication or threatens by
electronic communication, or knowingly sends repeated electronic
communications either signed or anonymously, or in a manner reasonably
likely to harass or offend another.  Redefines "family."  Provides that the
offense is a Class A misdemeanor if the person has previously been
convicted under this section. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

relating clause.

 Changes the offense a defendant may commit from stalking to harassment.

SECTION 1.

Amends Section 42.07(a), Penal Code, to provide that a person commits the
offense of harassment if the person sends certain electronic communication
knowingly.