C.S.H.B. 12 78(R)    BILL ANALYSIS


C.S.H.B. 12
By: Keel
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND 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 them. 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. C.S.H.B. 12 makes it a criminal offense for a person
to look into a public restroom or dressing room for a lewd or unlawful
purpose. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 12 amends the Penal Code to make it an offense for a person to
look into an area, such  as a restroom or shower stall or changing or
dressing room that is designed for privacy, for a lewd or unlawful purpose
while on the premises of a public place.  

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill to combine the proposed language
with existing text to form a single subdivision. Whereas, the original
bill added the proposed language to the end of the list of subdivisions.