SRC-BWC S.B. 1381 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1381
77R5695 KEL-DBy: Armbrister
Criminal Justice
3/16/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not adjudicate individuals who commit certain
paraphilic offenses like voyeurism (peeping Tom), frotteurism (sexual
touching or rubbing), and exhibitionism (indecent exposure), under the
Texas Sex Offender Registration Program.  These offenses are not included
in the sex offender registration requirements in Texas.  As proposed, S.B.
1381 requires individuals who commit certain sexual offenses to register as
sex offenders. 

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 Chapter 21, Penal Code, by adding Sections 21.09 and
21.10, as follows: 

Sec. 21.09.  VOYEURISM.  Provides that a person commits a Class B
misdemeanor if the person, with intent to arouse or gratify the sexual
desire of any person, enters on the property of another and looks into a
dwelling on the property through any window or other opening in the
dwelling, or while on the premises of a hotel or comparable establishment,
looks into another person's guest room through a window or other opening in
the room. 

Sec. 21.10.  UNLAWFUL SEXUAL CONTACT.  Provides that a person commits a
Class B misdemeanor if without the consent of another person who is 17
years of age or older the actor knowingly engages in sexual contact with
the other person when the actor knows or reasonably should know that the
other person will regard the contact as offensive or provocative. 

SECTION 2.  Amends Section 42.01(a), Penal Code, by deleting the word
"lewd" from text referring to the conduct of a person looking into the
dwelling of another.  Makes a conforming change.   

SECTION 3.  Amends Article 62.01(5), Code of Criminal Procedure, to
redefine "reportable conviction or adjudication" to include convictions for
violations under Sections 21.08 (Indecent Exposure), 21.09 (Voyeurism), and
21.10 (Unlawful Sexual Contact).  Makes nonsubstantive changes. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 2001.