BILL ANALYSIS

H.B. 2371

By: Leach

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Studies show that a majority of violent sex offenders commit voyeuristic acts prior to committing a violent sex act. Certain acts of voyeurism are currently included in Texas law as conduct constituting the offense of disorderly conduct. Interested parties contend, however, that this categorization of voyeurism as a disorderly conduct offense can cause difficulty in reliably tracking repeat offenders and that the occurrences of violent sex crimes could be reduced if law enforcement could identify individuals at high risk of committing these crimes. H.B. 2371 seeks to address these concerns by creating the offense of voyeurism, punishable as a Class B misdemeanor.

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

H.B. 2371 amends the Penal Code to create the Class B misdemeanor offense of voyeurism for a person who, with the intent to arouse or gratify the sexual desires of any person, observes another person without the other person's consent by looking through a window or other opening in a dwelling on private property while the actor is on the premises of the private property or with binoculars, a telescope, or another similar device while the actor is on the premises of a place the actor is legally authorized to be or by looking through a window or other opening in a guest room of a hotel or other facility for the accommodation of transient guests, other than a room in which the actor is legally authorized to be, while the actor is on the premises of the hotel or other facility. The bill also makes it such a voyeurism offense for a person, with that intent, to observe another person without the other person's consent by looking into an area that is designed to provide privacy to another person using the area, such as a restroom or shower stall or changing or dressing room while the actor in on the premises of a public place.

EFFECTIVE DATE

September 1, 2013.