By Armbrister S.B. No. 1381
77R5695 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of certain sexual offenses requiring sex
1-3 offender registration.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Penal Code, is amended by adding
1-6 Sections 21.09 and 21.10 to read as follows:
1-7 Sec. 21.09. VOYEURISM. (a) A person commits an offense if
1-8 the person, with intent to arouse or gratify the sexual desire of
1-9 any person:
1-10 (1) enters on the property of another and looks into a
1-11 dwelling on the property through any window or other opening in the
1-12 dwelling; or
1-13 (2) while on the premises of a hotel or comparable
1-14 establishment, looks into a guest room not the person's own through
1-15 a window or other opening in the room.
1-16 (b) An offense under this section is a Class B misdemeanor.
1-17 Sec. 21.10. UNLAWFUL SEXUAL CONTACT. (a) A person commits
1-18 an offense if without the consent of another person who is 17 years
1-19 of age or older the actor knowingly engages in sexual contact with
1-20 the other person when the actor knows or reasonably should know
1-21 that the other person will regard the contact as offensive or
1-22 provocative.
1-23 (b) An offense under this section is a Class B misdemeanor.
1-24 SECTION 2. Section 42.01(a), Penal Code, is amended to read
2-1 as follows:
2-2 (a) A person commits an offense if he intentionally or
2-3 knowingly:
2-4 (1) uses abusive, indecent, profane, or vulgar
2-5 language in a public place, and the language by its very utterance
2-6 tends to incite an immediate breach of the peace;
2-7 (2) makes an offensive gesture or display in a public
2-8 place, and the gesture or display tends to incite an immediate
2-9 breach of the peace;
2-10 (3) creates, by chemical means, a noxious and
2-11 unreasonable odor in a public place;
2-12 (4) abuses or threatens a person in a public place in
2-13 an obviously offensive manner;
2-14 (5) makes unreasonable noise in a public place other
2-15 than a sport shooting range, as defined by Section 250.001, Local
2-16 Government Code, or in or near a private residence that he has no
2-17 right to occupy;
2-18 (6) fights with another in a public place;
2-19 (7) enters on the property of another and for an [a
2-20 lewd or] unlawful purpose looks into a dwelling on the property
2-21 through any window or other opening in the dwelling;
2-22 (8) while on the premises of a hotel or comparable
2-23 establishment, for an [a lewd or] unlawful purpose looks into a
2-24 guest room not his own through a window or other opening in the
2-25 room;
2-26 (9) discharges a firearm in a public place other than
2-27 a public road or a sport shooting range, as defined by Section
3-1 250.001, Local Government Code;
3-2 (10) displays a firearm or other deadly weapon in a
3-3 public place in a manner calculated to alarm;
3-4 (11) discharges a firearm on or across a public road;
3-5 or
3-6 (12) exposes his anus or genitals in a public place
3-7 and is reckless about whether another may be present who will be
3-8 offended or alarmed by his act.
3-9 SECTION 3. Article 62.01(5), Code of Criminal Procedure, is
3-10 amended to read as follows:
3-11 (5) "Reportable conviction or adjudication" means a
3-12 conviction or adjudication, regardless of the pendency of an
3-13 appeal, that is:
3-14 (A) a conviction for a violation of Section
3-15 21.08 (Indecent exposure), 21.11 (Indecency with a child), 22.011
3-16 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02
3-17 (Prohibited sexual conduct), Penal Code;
3-18 (B) a conviction for a violation of Section
3-19 43.05 (Compelling prostitution), 43.25 (Sexual performance by a
3-20 child), or 43.26 (Possession or promotion of child pornography),
3-21 Penal Code;
3-22 (C) a conviction for a violation of Section
3-23 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
3-24 committed the offense with intent to violate or abuse the victim
3-25 sexually;
3-26 (D) a conviction for a violation of Section
3-27 30.02 (Burglary), Penal Code, if the offense is punishable under
4-1 Subsection (d) of that section and the defendant committed the
4-2 offense with intent to commit a felony listed in Paragraph (A) or
4-3 (C);
4-4 (E) a conviction for a violation of Section
4-5 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04
4-6 (Aggravated kidnapping), Penal Code, if the judgment in the case
4-7 contains an affirmative finding under Article 42.015;
4-8 (F) the second conviction for a violation of
4-9 Section 21.09 (Voyeurism) or 21.10 (Unlawful sexual contact) [21.08
4-10 (Indecent exposure)], Penal Code;
4-11 (G) a conviction for an attempt, conspiracy, or
4-12 solicitation, as defined by Chapter 15, Penal Code, to commit an
4-13 offense listed in Paragraph (A), (B), (C), (D), or (E);
4-14 (H) an adjudication of delinquent conduct:
4-15 (i) based on a violation of one of the
4-16 offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
4-17 order in the hearing contains an affirmative finding that the
4-18 victim or intended victim was younger than 17 years of age, one of
4-19 the offenses listed in Paragraph (E); or
4-20 (ii) for which two violations of an [the]
4-21 offense listed in Paragraph (F) are shown;
4-22 (I) a deferred adjudication for an offense
4-23 listed in:
4-24 (i) Paragraph (A), (B), (C), (D), or (G);
4-25 or
4-26 (ii) Paragraph (E) if the papers in the
4-27 case contain an affirmative finding that the victim or intended
5-1 victim was younger than 17 years of age;
5-2 (J) a conviction under the laws of another
5-3 state, federal law, or the Uniform Code of Military Justice for an
5-4 offense containing elements that are substantially similar to the
5-5 elements of an offense listed under Paragraph (A), (B), (C), (D),
5-6 (E), or (G);
5-7 (K) an adjudication of delinquent conduct under
5-8 the laws of another state or federal law based on a violation of an
5-9 offense containing elements that are substantially similar to the
5-10 elements of an offense listed under Paragraph (A), (B), (C), (D),
5-11 (E), or (G);
5-12 (L) the second conviction under the laws of
5-13 another state, federal law, or the Uniform Code of Military Justice
5-14 for an offense containing elements that are substantially similar
5-15 to the elements of an [the] offense listed under Paragraph (F) [of
5-16 indecent exposure]; or
5-17 (M) the second adjudication of delinquent
5-18 conduct under the laws of another state or federal law based on a
5-19 violation of an offense containing elements that are substantially
5-20 similar to the elements of an [the] offense listed under Paragraph
5-21 (F) [of indecent exposure].
5-22 SECTION 4. (a) The change in law made by this Act in
5-23 amending Section 42.01(a), Penal Code, and Article 62.01(5), Code
5-24 of Criminal Procedure, applies only to an offense committed on or
5-25 after the effective date of this Act. For purposes of this
5-26 section, an offense is committed before the effective date of this
5-27 Act if any element of the offense occurs before that date.
6-1 (b) An offense committed before the effective date of this
6-2 Act is covered by the law in effect when the offense was committed,
6-3 and the former law is continued in effect for that purpose.
6-4 SECTION 5. This Act takes effect September 1, 2001.