HBA-BSM S.B. 18 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 18
By: Nelson
Criminal Jurisprudence
3/18/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, it is a Class B misdemeanor to interrupt an emergency
citizens-band communication and a third degree felony to cause or threaten
harm to a person who reports a crime.  The obstruction of an emergency
telephone call being made in any form is a very serious action, but it is
not currently prohibited by law.  Senate Bill 18 provides that any
interference with emergency telephone calls is an offense punishable as a
Class A misdemeanor.  

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

Senate Bill 18 amends the Penal Code to provide that an individual commits
an offense if the individual knowingly prevents or interferes with another
individual's ability to place an emergency telephone call or to request
assistance in an emergency from a law enforcement agency, medical facility,
or other agency or entity the primary purpose of which is to provide for
the safety of individuals.  The bill also provides that an individual
commits an offense if the individual recklessly renders unusable a
telephone that would be used for the same purposes. 

A violation of this law is a Class A misdemeanor, except that the offense
is a state jail felony if the individual has previously been convicted of
this offense. 

EFFECTIVE DATE

September 1, 2001.