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.