SRC-SEW, JBJ, S.B. 139 77(R)BILL ANALYSIS


Senate Research CenterS.B. 139
By: Carona
Criminal Justice
6/8/2001
Enrolled

       
DIGEST AND PURPOSE 

Certain forms of communication, including those by electronic means, are
not covered under Texas statutes pertaining to harassment.  S.B. 139 adds
electronic means of communication to the forms regulated for protection
from the commission of a harassment offense. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.07(a), Penal Code, to provide that a person
commits an offense if, with the intent to harass, annoy, alarm, abuse,
torment, or embarrass another, the person: initiates communication by
telephone, in writing, or by electronic communication; threatens, by
telephone, in writing, or by electronic communication, in a manner
reasonably likely to alarm the person receiving the threat, to inflict
bodily injury on the person or to commit a felony against the person, a
member of his family or household, or the person's property;  knowingly
permits a telephone under the person's control to be used by another to
commit an offense; or sends repeated electronic communications in a manner
reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or
offend another. Defines "electronic communication," "family," and
"household," and redefines "obscene."  Provides that an offense under this
section is a Class B misdemeanor unless the actor has previously been
convicted under this section, in which case the offense is a Class A
misdemeanor.  

SECTION 2.  Amends Section 42.072(b), Penal Code, to provide that an
offense under this section is a felony of the third degree, rather than a
Class A misdemeanor, except that the offense is a felony of the second,
rather than third, degree if the actor has previously been convicted under
this section. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2001.