By: Keel, et al. (Senate Sponsor - Shapiro) H.B. No. 11
(In the Senate - Received from the House April 2, 2003;
April 7, 2003, read first time and referred to Committee on
Infrastructure Development and Security; May 12, 2003, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 12, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 11 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the offense of terroristic threat and to the punishment
as a capital offense of murder occurring during the commission or
attempted commission of terroristic threat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.03(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person [he] commits
murder as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who
is acting in the lawful discharge of an official duty and who the
person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the
course of committing or attempting to commit kidnapping, burglary,
robbery, aggravated sexual assault, arson, [or] obstruction or
retaliation, or terroristic threat under Section 22.07(a)(1), (3),
(4), (5), or (6);
(3) the person commits the murder for remuneration or
the promise of remuneration or employs another to commit the murder
for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or
attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal
institution, murders another:
(A) who is employed in the operation of the penal
institution; or
(B) with the intent to establish, maintain, or
participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this
section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment
or a term of 99 years for an offense under Section 20.04, 22.021, or
29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but
the murders are committed pursuant to the same scheme or course of
conduct; or
(8) the person murders an individual under six years
of age.
SECTION 2. Section 22.07, Penal Code, is amended to read as
follows:
Sec. 22.07. TERRORISTIC THREAT. (a) A person commits an
offense if he threatens to commit any offense involving violence to
any person or property with intent to:
(1) cause a reaction of any type to his threat by an
official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious
bodily injury; [or]
(3) prevent or interrupt the occupation or use of a
building; room; place of assembly; place to which the public has
access; place of employment or occupation; aircraft, automobile, or
other form of conveyance; or other public place; [or]
(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;
(5) place the public or a substantial group of the
public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or
agency of the federal government, the state, or a political
subdivision of the state.
(b) An offense under Subdivision (1) or (2) of Subsection
(a) is a Class B misdemeanor. An offense under Subdivision (3) of
Subsection (a) is a Class A misdemeanor. An offense under
Subdivision (4), (5), or (6) of Subsection (a) is a felony of the
third degree.
SECTION 3. Section 42.06(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a state jail felony
[Class A misdemeanor] unless the false report is of an emergency
involving a public primary or secondary school, public
communications, public transportation, public water, gas, or power
supply or other public service, in which event the offense is a
[state jail] felony of the third degree.
SECTION 4. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Hoax chemical dispensing device" means a device
that:
(A) reasonably appears to be a chemical
dispensing device; or
(B) by its design causes alarm or reaction of any
type by an official of a public safety agency or a volunteer agency
organized to deal with emergencies.
SECTION 5. Section 46.08, Penal Code, is amended to read as
follows:
Sec. 46.08. HOAX BOMBS OR CHEMICAL DISPENSING DEVICES. (a)
A person commits an offense if the person knowingly manufactures,
sells, purchases, transports, or possesses a hoax bomb or a hoax
chemical dispensing device with intent to use the hoax bomb or
device to:
(1) make another believe that the hoax bomb or device
is an explosive, [or] incendiary, or chemical dispensing device, as
applicable; or
(2) cause alarm or reaction of any type by an official
of a public safety agency or volunteer agency organized to deal with
emergencies.
(b) An offense under this section is a state jail felony
[Class A misdemeanor].
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2003.
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