By Christian H.B. No. 258
77R2172 JAT-F
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) An offense under Subsection (a)(1) or (b)(1) [this
2-13 section] is a Class A misdemeanor. An offense under Subsection
2-14 (a)(2) or (b)(2) is a state jail felony.
2-15 SECTION 2. Section 42.05, Penal Code, is amended to read as
2-16 follows:
2-17 Sec. 42.05. DISRUPTING MEETING OR PROCESSION. (a) A person
2-18 commits an offense if, with intent to prevent or disrupt a lawful
2-19 meeting, procession, or gathering, he obstructs or interferes with
2-20 the meeting, procession, or gathering by:
2-21 (1) physical action or verbal utterance; or
2-22 (2) display of a deadly weapon in plain view.
2-23 (b) If an actor participates in, attends, or appears at or
2-24 in the immediate vicinity of a public meeting, procession, or
2-25 gathering while displaying a deadly weapon in plain view, a peace
2-26 officer or other individual with authority to control the meeting,
2-27 procession, or gathering or the premises on which the meeting,
3-1 procession, or gathering is conducted may order the actor to leave
3-2 the immediate vicinity and not return with the deadly weapon. An
3-3 actor who receives an order under this subsection and refuses to
3-4 leave or returns with a deadly weapon is presumed to intend to
3-5 prevent or disrupt the meeting, procession, or gathering. This
3-6 subsection does not prevent an attorney representing the state from
3-7 establishing intent by direct evidence.
3-8 (c) If conduct constituting an offense under this section
3-9 also constitutes an offense under another section of this code, the
3-10 actor may be prosecuted under either section or under both
3-11 sections.
3-12 (d) An offense under Subsection (a)(1) [this section] is a
3-13 Class B misdemeanor. An offense under Subsection (a)(2) is a state
3-14 jail felony.
3-15 SECTION 3. (a) The change in law made by this Act applies
3-16 only to an offense committed on or after the effective date of this
3-17 Act. For purposes of this section, an offense is committed before
3-18 the effective date of this Act if any element of the offense occurs
3-19 before the effective date.
3-20 (b) An offense committed before the effective date of this
3-21 Act is covered by the law in effect when the offense was committed,
3-22 and the former law is continued in effect for that purpose.
3-23 SECTION 4. This Act takes effect September 1, 2001.