HBA-SEP H.B. 132 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 132
By: Deshotel
Criminal Jurisprudence
2/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, harassment constitutes a criminal offense.  However,
electronic communication is not specifically addressed as a means of
harassment.  With the development of telecommunications there has been an
increase in cases of "cyber-stalking," whereby an individual uses
electronic communications such as e-mail, fax machines, and pagers to
harass another individual.  House Bill 132 includes electronic
communication as a means of criminal harassment. 

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. 

ANALYSIS

House Bill 132 amends the 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 in which the person
makes an obscene comment, request, suggestion, or proposal; 
 _in an electronic communication, threatens in a manner reasonably likely
to alarm the person receiving the threat to inflict bodily injury on a
person or to commit a felony against a person, a member of the person's
family, or the person's property; 
 _knowingly permits a device that initiates electronic communications and
is under the person's control to be used by another to commit an offense of
harassment; 
 _sends repeated electronic communications, either signed or anonymously; or
 _sends repeated electronic communications in a manner reasonably likely to
harass, annoy, alarm, abuse, torment, embarrass, or offend another.   

The bill defines "electronic communication" as a communication initiated by
electronic mail, network call, a facsimile machine, or a communication made
to a pager.  

EFFECTIVE DATE

September 1, 2001.