77R6586 JAT-D
By Christian, Reyna of Dallas H.B. No. 258
Substitute the following for H.B. No. 258:
By Hinojosa C.S.H.B. No. 258
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to displaying a deadly weapon in order to hinder an
1-3 official proceeding or prevent or disrupt a lawful meeting,
1-4 gathering, or procession; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 38.13, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.
1-9 (a) A person commits an offense if he intentionally hinders an
1-10 official proceeding by:
1-11 (1) noise or violent or tumultuous behavior or
1-12 disturbance; or
1-13 (2) display of a deadly weapon in plain view.
1-14 (b) A person commits an offense if after receiving an
1-15 explicit official request to desist he continues to recklessly
1-16 hinder [hinders] an official proceeding by:
1-17 (1) noise or violent or tumultuous behavior or
1-18 disturbance; or
1-19 (2) display of a deadly weapon in plain view [and
1-20 continues after explicit official request to desist].
1-21 (c) If an actor participates in, attends, or appears at or
1-22 in the immediate vicinity of an official proceeding while
1-23 displaying a deadly weapon in plain view, a peace officer or other
1-24 individual with authority to control the proceeding or the premises
2-1 on which the proceeding is conducted may order the actor to leave
2-2 the immediate vicinity and not return with the deadly weapon. An
2-3 actor who receives an order under this subsection and refuses to
2-4 leave or returns with a deadly weapon is presumed to intend to
2-5 hinder the official proceeding. This subsection does not prevent
2-6 an attorney representing the state from establishing intent by
2-7 direct evidence.
2-8 (d) If conduct constituting an offense under this section
2-9 also constitutes an offense under another section of this code, the
2-10 actor may be prosecuted under either section or under both
2-11 sections.
2-12 (e) It is a defense to prosecution under this section that
2-13 the actor:
2-14 (1) is a public servant lawfully discharging an
2-15 official duty; or
2-16 (2) reasonably believes that the actor is acting with
2-17 the express permission of a person described by Subdivision (1).
2-18 (f) An offense under Subsection (a)(1) or (b)(1) [this
2-19 section] is a Class A misdemeanor. An offense under Subsection
2-20 (a)(2) or (b)(2) is a state jail felony.
2-21 SECTION 2. Section 42.05, Penal Code, is amended to read as
2-22 follows:
2-23 Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person
2-24 commits an offense if, with intent to prevent or disrupt a lawful
2-25 meeting, procession, or gathering, he obstructs or interferes with
2-26 the meeting, procession, or gathering by:
2-27 (1) physical action or verbal utterance; or
3-1 (2) display of a deadly weapon in plain view.
3-2 (b) If an actor participates in, attends, or appears at or
3-3 in the immediate vicinity of a public meeting, procession, or
3-4 gathering while displaying a deadly weapon in plain view, a peace
3-5 officer or other individual with authority to control the meeting,
3-6 procession, or gathering or the premises on which the meeting,
3-7 procession, or gathering is conducted may order the actor to leave
3-8 the immediate vicinity and not return with the deadly weapon. An
3-9 actor who receives an order under this subsection and refuses to
3-10 leave or returns with a deadly weapon is presumed to intend to
3-11 prevent or disrupt the meeting, procession, or gathering. This
3-12 subsection does not prevent an attorney representing the state from
3-13 establishing intent by direct evidence.
3-14 (c) If conduct constituting an offense under this section
3-15 also constitutes an offense under another section of this code, the
3-16 actor may be prosecuted under either section or under both
3-17 sections.
3-18 (d) It is a defense to prosecution under this section that
3-19 the actor:
3-20 (1) is a public servant lawfully discharging an
3-21 official duty; or
3-22 (2) reasonably believes that the actor is acting with
3-23 the express permission of a peace officer or other individual with
3-24 authority to control the meeting.
3-25 (e) An offense under Subsection (a)(1) [this section] is a
3-26 Class B misdemeanor. An offense under Subsection (a)(2) is a state
3-27 jail felony.
4-1 SECTION 3. (a) The change in law made by this Act applies
4-2 only to an offense committed on or after the effective date of this
4-3 Act. For purposes of this section, an offense is committed before
4-4 the effective date of this Act if any element of the offense occurs
4-5 before the effective date.
4-6 (b) An offense committed before the effective date of this
4-7 Act is covered by the law in effect when the offense was committed,
4-8 and the former law is continued in effect for that purpose.
4-9 SECTION 4. This Act takes effect September 1, 2001.