HBA-SEP H.B. 132 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 132 By: Deshotel Criminal Jurisprudence 2/26/2001 Introduced BACKGROUND AND PURPOSE Under current law, harassment constitutes a criminal offense. However, electronic communication is not specifically addressed as a means of harassment. With the development of telecommunications there has been an increase in cases of "cyber-stalking," whereby an individual uses electronic communications such as e-mail, fax machines, and pagers to harass another individual. House Bill 132 includes electronic communication as a means of criminal harassment. 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. ANALYSIS House Bill 132 amends the Penal Code to provide that a person commits a Class B misdemeanor if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person: _initiates communication by electronic communication in which the person makes an obscene comment, request, suggestion, or proposal; _in an electronic communication, threatens in a manner reasonably likely to alarm the person receiving the threat to inflict bodily injury on a person or to commit a felony against a person, a member of the person's family, or the person's property; _knowingly permits a device that initiates electronic communications and is under the person's control to be used by another to commit an offense of harassment; _sends repeated electronic communications, either signed or anonymously; or _sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another. The bill defines "electronic communication" as a communication initiated by electronic mail, network call, a facsimile machine, or a communication made to a pager. EFFECTIVE DATE September 1, 2001.