HBA-NMO C.S.S.B. 962 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 962 By: Barrientos Criminal Jurisprudence 5/11/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law provides that a person commits the offense of harassment if the person harasses another through a communication made in person, in writing, or by telephone. The law, however, does not include an electronic communication, such as e-mail, among the means of communication by which harassment can occur. C.S.S.B. 962 includes electronic communication among the means of communication by which harassment can occur. This bill also sets forth an enhanced penalty for repeat harassment offenders. 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 sends repeated electronic communications either signed or anonymously, or sends repeated electronic communications in a manner reasonably likely to harass or offend another. Provides that the term "electronic communication," in this section, includes a communication initiated by electronic mail, network call, or a facsimile machine and a communication made to a pager. Provides that an offense under this section is a Class A misdemeanor if the defendant has previously been convicted under this section. Makes conforming changes. SECTION 2.Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 (Section 42.07, Penal Code) by providing that a person commits a Class B misdemeanor if the person sends repeated electronic communications either signed or anonymously, or sends repeated electronic communications in a manner reasonably likely to harass or offend another; rather than if the person knowingly sends repeated electronic communications either signed or anonymously, or in a manner reasonably likely to harass or offend another. The substitute further modifies this section by nonsubstantively reorganizing and rewording provisions regarding definitions and penalties.