HBA-SEP H.B. 364 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 364
By: Hinojosa
Criminal Jurisprudence
2/26/2001
Introduced



BACKGROUND AND PURPOSE 

In instances of domestic violence the aggressor may prevent the victim from
obtaining help by interfering with a telephone call to emergency services.
Currently there are no civil or criminal penalties against a person who
interferes with a victim's attempt to make an emergency telephone call.
House Bill 364 creates the offense of interfering with an emergency
telephone call.   

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 364 amends the Penal Code to provide that a person commits a
Class A misdemeanor if, with criminal negligence, the person prevents or
otherwise interferes with a telephone call made or attempted by another to
request assistance in an emergency from a law enforcement agency, medical
facility, or other agency or entity the primary purpose of which is to
provide for the safety of individuals.  The bill also provides that it is a
state jail felony if the actor has previously been convicted of preventing
or interfering with an emergency telephone call.  

EFFECTIVE DATE

September 1, 2001.