HBA-JRA S.B. 962 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 962 By: Barrientos Criminal Jurisprudence 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Penal Code definition of harassment includes communications made in person, in writing, or by telephone. The code, however, does not include communications made electronically, such as by Internet electronic mail. S.B. 962 includes electronic communication in the definition of an harassment offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 42.07, Penal Code, to provide that a person commits a Class B misdemeanor if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person initiates communication by electronic communication that is obscene; threatens by electronic communication; or knowingly sends repeated electronic communications either signed or anonymously, or in a manner reasonably likely to harass or offend another. Provides that electronic communications includes but is not limited to e-mail (electronic mail), pings (network calls), faxes, or pager messages. Provides that an offense under this section is a Class A misdemeanor if the actor has been previously convicted under this section. SECTION 2.Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.