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78R6098 KCR-D
By: Goolsby H.B. No. 1334
A BILL TO BE ENTITLED
AN ACT
relating to certain sexual offenses requiring sex offender
registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Penal Code, is amended by adding
Section 21.09 to read as follows:
Sec. 21.09. VOYEURISM. (a) A person commits an offense if
the person, with intent to arouse or gratify the sexual desire of
any person:
(1) enters on the property of another and looks into a
dwelling on the property through any window or other opening in the
dwelling; or
(2) 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.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. Section 42.01(a), Penal Code, is 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 an [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 an [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;
(10) displays a firearm or other deadly weapon in a
public place in a manner calculated to alarm;
(11) discharges a firearm on or across a public road;
or
(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.
SECTION 3. Article 62.01(5), Code of Criminal Procedure, is
amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, regardless of the pendency of an
appeal, that is:
(A) a conviction for a violation of Section 21.08
(Indecent exposure), 21.11 (Indecency with a child), 22.011 (Sexual
assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
sexual conduct), Penal Code;
(B) a conviction for a violation of Section 43.05
(Compelling prostitution), 43.25 (Sexual performance by a child),
or 43.26 (Possession or promotion of child pornography), Penal
Code;
(C) a conviction for a violation of Section
20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
committed the offense with intent to violate or abuse the victim
sexually;
(D) a conviction for a violation of Section 30.02
(Burglary), Penal Code, if the offense is punishable under
Subsection (d) of that section and the defendant committed the
offense with intent to commit a felony listed in Paragraph (A) or
(C);
(E) a conviction for a violation of Section 20.02
(Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated
kidnapping), Penal Code, if the judgment in the case contains an
affirmative finding under Article 42.015;
(F) the second conviction for a violation of
Section 21.09 (Voyeurism) [21.08 (Indecent exposure)], Penal Code;
(G) a conviction for an attempt, conspiracy, or
solicitation, as defined by Chapter 15, Penal Code, to commit an
offense listed in Paragraph (A), (B), (C), (D), or (E);
(H) an adjudication of delinquent conduct:
(i) based on a violation of one of the
offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the
order in the hearing contains an affirmative finding that the
victim or intended victim was younger than 17 years of age, one of
the offenses listed in Paragraph (E); or
(ii) for which two violations of the
offense listed in Paragraph (F) are shown;
(I) a deferred adjudication for an offense listed
in:
(i) Paragraph (A), (B), (C), (D), or (G); or
(ii) Paragraph (E) if the papers in the case
contain an affirmative finding that the victim or intended victim
was younger than 17 years of age;
(J) a conviction under the laws of another state,
federal law, or the Uniform Code of Military Justice for an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), or
(G);
(K) an adjudication of delinquent conduct under
the laws of another state or federal law based on a violation of an
offense containing elements that are substantially similar to the
elements of an offense listed under Paragraph (A), (B), (C), (D),
(E), or (G);
(L) the second conviction under the laws of
another state, federal law, or the Uniform Code of Military Justice
for an offense containing elements that are substantially similar
to the elements of the offense listed under Paragraph (F) [of
indecent exposure]; or
(M) the second adjudication of delinquent
conduct under the laws of another state or federal law based on a
violation of an offense containing elements that are substantially
similar to the elements of the offense listed under Paragraph (F)
[of indecent exposure].
SECTION 4. (a) The change in law made by this Act in
amending Section 42.01(a), Penal Code, and Article 62.01(5), Code
of Criminal Procedure, 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 5. This Act takes effect September 1, 2003.