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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for certain conduct |
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engaged in while participating in a riot and to restitution for |
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property damage resulting from participating in a riot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.02, Penal Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (a-1), (g), |
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and (h) to read as follows: |
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(a) In [For the purpose of] this section: |
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(1) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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(2) "Riot"[, "riot"] means the assemblage of seven or |
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more persons resulting in conduct which: |
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(A) [(1)] creates an immediate danger of damage |
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to property or injury to persons; |
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(B) [(2)] substantially obstructs law |
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enforcement or other governmental functions or services; or |
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(C) [(3)] by force, threat of force, or physical |
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action deprives any person of a legal right or disturbs any person |
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in the enjoyment of a legal right. |
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(a-1) The term "riot" as defined by Subsection (a) does not |
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include an assemblage of seven or more persons gathering in the |
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exercise of their rights under the First Amendment to the United |
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States Constitution unless those persons engage in conduct |
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described by Subsections (a)(2)(A)-(C). |
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(e) Except as provided by Subsections [in Subsection] (f) |
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and (g), an offense under this section is a Class B misdemeanor. |
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(g) An offense under this section is a state jail felony if |
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it is shown on the trial of the offense that the actor, while |
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participating in the riot, knowingly committed or attempted to |
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commit an offense under Section 22.01(a)(1) or (3) against a person |
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the actor knew was a first responder while the person was performing |
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a duty as a first responder. |
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(h) For purposes of Subsection (g), the actor is presumed to |
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have known the person was a first responder if the person was |
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wearing a distinctive uniform or badge indicating the person's |
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status as a first responder. |
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SECTION 2. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (w) to read as follows: |
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(w) The court shall order a defendant convicted of an |
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offense under Section 42.02, Penal Code, to make restitution for |
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any damage to or loss or destruction of property by reimbursing the |
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owner of the property for the cost of restoring or replacing the |
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property. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |