By:  Keel, Phillips (Senate Sponsor - Armbrister)                 H.B. No. 12 
	(In the Senate - Received from the House March 19, 2003; 
March 26, 2003, read first time and referred to Committee on 
Criminal Justice; May 23, 2003, reported favorably by the 
following vote:  Yeas 4, Nays 0; May 23, 2003, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of disorderly conduct. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 42.01(a), (d), and (e), Penal Code, are amended to read as follows: (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) [enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling; [(8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room; [(9)] discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) [(10)] displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) [(11)] discharges a firearm on or across a public road; [or] (10) [(12)] exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) [(a)(9)] or (a)(8) [(a)(10)], in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) [(a)(9)] or (9) [(11)] that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code. SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date. (b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2003.
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