SRC-AMY S.B. 408 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 408
By: Deuell
Criminal Justice
8-5-2003
Enrolled

DIGEST AND PURPOSE 

Under current law, making a terroristic threat to any person is a Class B
misdemeanor offense. Increasing the penalty for a terroristic threat could
deter an individual from engaging in that act. S.B. 408  provides that a
terroristic threat that places any person in fear of imminent serious
bodily injury is a Class A misdemeanor, rather than a Class B misdemeanor,
if it is committed against the person's family or household or against a
public servant.  

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 Section 22.07, Penal Code, by amending Subsection (b)
and adding Subsection (c), as follows: 

(b)  Provides that an offense under Subdivision (1) or (2) of Subsection
(a) (relating to terroristic threat) is a class B misdemeanor, except that
an offense under Subdivision (2) of Subsection (a) is a Class A
misdemeanor if the offense is committed against a member of the person's
family or household or otherwise constitutes family violence or if the
offense is committed against a public servant. 

 (c)  Defines "family," "family violence," and "household."

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.