1-1     By:  Carona                                            S.B. No. 139
 1-2           (In the Senate - Filed November 30, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 5, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     February 5, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 139                 By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution of and punishment for the offense of
1-11     harassment.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 42.07, Penal Code, is amended to read as
1-14     follows:
1-15           Sec. 42.07.  HARASSMENT.  (a)  A person commits an offense
1-16     if, with intent to harass, annoy, alarm, abuse, torment, or
1-17     embarrass another, he:
1-18                 (1)  initiates communication by telephone, [or] in
1-19     writing, or by electronic communication and in the course of the
1-20     communication makes a comment, request, suggestion, or proposal
1-21     that is obscene;
1-22                 (2)  threatens, by telephone, [or] in writing, or by
1-23     electronic communication, in a manner reasonably likely to alarm
1-24     the person receiving the threat, to inflict bodily injury on the
1-25     person or to commit a felony against the person, a member of his
1-26     family, or his property;
1-27                 (3)  conveys, in a manner reasonably likely to alarm
1-28     the person receiving the report, a false report, which is known by
1-29     the conveyor to be false, that another person has suffered death or
1-30     serious bodily injury;
1-31                 (4)  causes the telephone of another to ring repeatedly
1-32     or makes repeated telephone communications anonymously or in a
1-33     manner reasonably likely to harass, annoy, alarm, abuse, torment,
1-34     embarrass, or offend another;
1-35                 (5)  makes a telephone call and intentionally fails to
1-36     hang up or disengage the connection; [or]
1-37                 (6)  knowingly permits a telephone under the person's
1-38     [his] control to be used by another [a person] to commit an offense
1-39     under this section; or
1-40                 (7)  sends repeated electronic communications in a
1-41     manner reasonably likely to harass, annoy, alarm, abuse, torment,
1-42     embarrass, or offend another.
1-43           (b)  In this section:
1-44                 (1)  "Electronic communication" means a transfer of
1-45     signs, signals, writing, images, sounds, data, or intelligence of
1-46     any nature transmitted in whole or in part by a wire, radio,
1-47     electromagnetic, photoelectronic, or photo-optical system.  The
1-48     term includes:
1-49                       (A)  a communication initiated by electronic
1-50     mail, instant message, network call, or facsimile machine; and
1-51                       (B)  a communication made to a pager.
1-52                 (2)  "Family" has the meaning assigned by Section
1-53     71.003, Family Code.
1-54                 (3)  "Obscene" [For purposes of Subsection (a)(1),
1-55     "obscene"] means containing a patently offensive description of or
1-56     a solicitation to commit an ultimate sex act, including sexual
1-57     intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
1-58     a description of an excretory function.  [In this section, "family"
1-59     has the meaning assigned by Section 71.003, Family Code.]
1-60           (c)  An offense under this section is a Class B misdemeanor,
1-61     except that the offense is a Class A misdemeanor if the actor has
1-62     previously been convicted under this section.
1-63           SECTION 2.  (a)  The change in law made by this Act applies
1-64     only to an offense committed on or after the effective date of this
 2-1     Act.  For purposes of this section, an offense is committed before
 2-2     the effective date of this Act if any element of the offense occurs
 2-3     before the effective date.
 2-4           (b)  An offense committed before the effective date of this
 2-5     Act is covered by the law in effect when the offense was committed,
 2-6     and the former law is continued in effect for that purpose.
 2-7           SECTION 3.  This Act takes effect September 1, 2001.
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