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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for persons imprisoned or confined |
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in correctional facilities to threaten to harm certain other |
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persons by certain means of communication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Penal Code, is amended by adding |
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Section 36.061 to read as follows: |
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Sec. 36.061. UNLAWFUL COMMUNICATION OF THREAT BY PERSON IN |
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CORRECTIONAL FACILITY. (a) In this section, "electronic |
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transmission" means the transmission of information by facsimile, |
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e-mail, electronic data interchange, or any other similar method. |
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(b) A person commits an offense if the person, while |
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imprisoned or confined in a correctional facility, knowingly uses |
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the United States mail or an electronic or telephone transmission |
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to threaten to harm another by an unlawful act on account of the |
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service or status of another as a public official. |
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(c) An offense under this section is a felony of the third |
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degree. |
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SECTION 2. Article 42.08, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) When the same defendant has been convicted in two or |
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more cases, judgment and sentence shall be pronounced in each case |
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in the same manner as if there had been but one conviction. Except |
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as provided by Subsections [Sections] (b), [and] (c), and (d) [of
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this article], in the discretion of the court, the judgment in the |
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second and subsequent convictions may either be that the sentence |
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imposed or suspended shall begin when the judgment and the sentence |
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imposed or suspended in the preceding conviction has ceased to |
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operate, or that the sentence imposed or suspended shall run |
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concurrently with the other case or cases, and sentence and |
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execution shall be accordingly; provided, however, that the |
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cumulative total of suspended sentences in felony cases shall not |
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exceed 10 years, and the cumulative total of suspended sentences in |
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misdemeanor cases shall not exceed the maximum period of |
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confinement in jail applicable to the misdemeanor offenses, though |
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in no event more than three years, including extensions of periods |
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of community supervision under Section 22, Article 42.12, [of this
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code,] if none of the offenses are offenses under Chapter 49, Penal |
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Code, or four years, including extensions, if any of the offenses |
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are offenses under Chapter 49, Penal Code. |
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(d) The judge shall order the sentence for an offense under |
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Section 36.061, Penal Code, to commence immediately on completion |
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of any other sentence imposed on the defendant. |
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SECTION 3. This Act takes effect September 1, 2013. |