SRC-LBB H.B. 12 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 12
78R7482 KEL-DBy: Keel (Armbrister)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, there is no law that specifically addresses peeping activity in
public facilities such as restrooms, changing areas, or shower stalls. For
example, if a person is using a public toilet, and realizes that someone
is peeping, there is no specific violation with which to charge the
perpetrator. When the suspect is identified, officers typically file a
charge under Section 42.01(a)(2), Penal Code. However, this statute
addresses offensive gestures, not peeping activity. Sections 42.01(a)(7)
and (8) likewise do not apply because the conduct must be committed by the
perpetrator while looking into a dwelling, hotel, or other similar
establishment. Consequently, a charge which cites any of these sections
may not be accepted by a judge. H.B. 12 provides that it is a criminal
offense for a person looking into a public restroom, dressing room, shower
stall, or similar area for a lewd or unlawful purpose.  

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 Sections 42.01(a), (d), and (e), Penal Code, as follows:
 
(a)  Provides that a person commits an offense if he intentionally or
knowingly performs certain acts of disorderly conduct.  Makes conforming
changes. 

(d)  Provides that an offense under this section is a Class C misdemeanor
unless committed under Subsection (a)(7) or (a)(8), in which event it is a
Class B misdemeanor. 

(e)  Makes a conforming change.

SECTION 2.   Makes application of this Act prospective.

SECTION 3.   Effective date:  September 1, 2003.