Committee approves amendment to expand harassment statute protections for 9-1-1 operators and allow warrantless arrest

The House Judiciary Committee on Oct. not specified advanced House Bill 14 18 as amended, approving changes that insert a cross-reference to the harassment statute that covers 9-1-1 operators and that widen a reference to intoxication so it covers drugs as well as alcoholic beverages.

The bill sponsor and committee members said the amendment references subsection 4 of section 12.11707, which the committee described as the harassment statute that makes harassment of a 9-1-1 operator a Class A misdemeanor. Chairman Clamine noted the cross-reference “perfectly reflects what we're trying to get to” by pointing to the existing harassment subsection instead of reprinting its language in the bill.

Committee members also approved an amendment replacing the phrase “being under the influence of alcoholic beverages” with a cross-reference to “section 390801,” described in committee as a statute that covers being under the influence of intoxicating liquor “or any other drugs or substances.” Supporters said that change broadens the provision beyond alcohol alone and allows the statutory warrantless-arrest language in the referenced section to apply.

Representative Wolfe moved the amendment to replace the alcohol wording; the committee took a roll-call vote on the amendment and it carried unanimously on the amendment vote (committee reported the amendment passed 13–0 with one absent). Later the committee voted to advance the bill as amended; that motion passed by the committee vote recorded as 9 yes, 4 no, 1 absent.

During debate, Representative Henderson asked for definitions of “public safety agency” and “harassing”; other members pressed for clarity about whether the intoxication cross-reference would include prescription drugs and whether the behavior threshold is multiple calls or other conduct. Chairman Clamine and other members directed colleagues to the harassment statute language for the statutory elements (multiple calls and related conduct) and said that the statute’s subsection 4 includes the 9-1-1 operator provision.

The committee characterized the change as a targeted cross-reference rather than wholesale reissue of harassment language. No final floor date or effective date was discussed in committee testimony. The committee named a bill carrier to carry the bill to the floor after the committee vote.

Votes: The committee recorded the do-pass-as-amended motion as approved by a tally of 9 yes, 4 no, 1 absent (amendment vote on the alcohol-to-section cross-reference previously carried 13–0 with one absent).