77R11729 GWK-D By Hochberg H.B. No. 1456 Substitute the following for H.B. No. 1456: By Hinojosa C.S.H.B. No. 1456 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to paramilitary training organizations; providing criminal 1-3 penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 42, Penal Code, is amended by adding 1-6 Section 42.021 to read as follows: 1-7 Sec. 42.021. PARAMILITARY TRAINING TO INCITE CIVIL DISORDER. 1-8 (a) In this section: 1-9 (1) "Civil disorder" means a public disturbance 1-10 involving an act of violence by a group of three or more persons 1-11 that: 1-12 (A) causes an immediate danger of injury to a 1-13 person; 1-14 (B) results in injury to a person; or 1-15 (C) results in damage or injury to the property 1-16 of another. 1-17 (2) "Chemical dispensing device," "explosive weapon," 1-18 and "firearm" have the meanings assigned by Section 46.01. 1-19 (3) "Law enforcement officer" means: 1-20 (A) an officer of a law enforcement agency of 1-21 the United States; 1-22 (B) an officer of a law enforcement agency of 1-23 the state; 1-24 (C) a member of the armed services or reserve 2-1 forces of the United States; 2-2 (D) a member of the Texas National Guard; or 2-3 (E) any other officer who is authorized by a 2-4 state or federal agency to possess a firearm and teach the use of 2-5 the firearm to others. 2-6 (4) "Paramilitary organization" means a group of three 2-7 or more persons organized on a military pattern who: 2-8 (A) possess chemical dispensing devices, 2-9 explosive weapons, or firearms; and 2-10 (B) train in the use of or teach the use of the 2-11 chemical dispensing devices, explosive weapons, or firearms to 2-12 others for the purpose of committing an offense. 2-13 (b) A person commits an offense if the person: 2-14 (1) teaches or demonstrates to another the use, 2-15 application, or making of a chemical dispensing device, explosive 2-16 weapon, or firearm and the person knows, has reason to know, or 2-17 intends that the chemical dispensing device, explosive weapon, or 2-18 firearm be used to cause civil disorder; or 2-19 (2) meets with two or more persons as a paramilitary 2-20 organization to train or practice with or be instructed in the use 2-21 of a chemical dispensing device, explosive weapon, or firearm and 2-22 intends to use the chemical dispensing device, explosive weapon, or 2-23 firearm to cause civil disorder. 2-24 (c) It is a defense to prosecution under this section that 2-25 the actor is a law enforcement officer who is performing an 2-26 official duty at the time of the offense. 2-27 (d) An offense under this section is a state jail felony. 3-1 SECTION 2. Section 431.010, Government Code, is amended by 3-2 adding Subsection (d) to read as follows: 3-3 (d) A person commits an offense if the person is a part of a 3-4 body that violates Subsection (a). An offense under this 3-5 subsection is a Class C misdemeanor. 3-6 SECTION 3. This Act takes effect September 1, 2001.