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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal liability for reporting false information to |
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draw an emergency response; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.13 to read as follows: |
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Sec. 22.14 SWATTING. (a) A person commits an offense if |
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the person reports a crime or an emergency or causes any report of a |
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crime or an emergency to be made to a law enforcement officer, law |
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enforcement agency, 9-1-1 service, official or volunteer agency, or |
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any other governmental employee or contractor who is authorized to |
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receive reports of a crime or emergency and: |
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(1) the person knows that the report is false; |
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(2) the report is reasonably likely to cause an |
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emergency response from a law enforcement agency or other emergency |
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responder; and, |
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(3) the person makes the report or causes the report to |
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be made with reckless disregard about whether the emergency |
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response by a law enforcement agency or other emergency responder |
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may directly result in bodily harm to any individual. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) the offense is a State Jail Felony if it is shown |
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on the trial of the offense that the defendant has been previously |
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convicted on two or more occasions of an offense under this section; |
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or |
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(2) the offense is a felony of the third degree if the |
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false report results in an emergency response to a reported crime |
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and a person is killed or suffers serious bodily injury as a |
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proximate result of lawful conduct arising out of that response. |
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(c) A court may order a defendant convicted of an offense |
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under this section to make restitution to a public agency for the |
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reasonable costs of the emergency response by that public agency |
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resulting from the false report. |
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(d) If in the trial of an offense under this section, an |
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affirmative finding is made that the offense was committed because |
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of bias or prejudice, under Article 42.014, Code of Criminal |
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Procedure, the punishment for the offense is increased as provided |
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under Section 12.47. |
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(e) It is not a defense to prosecution under this section |
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that no physical harm occurred to any person as a result of the |
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false report, or that any harm that occurred was to physical |
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property rather than injury to a person. |
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(f) Nothing in this section shall be construed in any manner |
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to: |
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(1) conflict with 47 U.S.C. § 230 of the Communication |
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Decency Act; or, |
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(2) conflict with 42 U.S.C. § 1983 of the Civil Rights |
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Act. |
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(g) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.40 to read as follows: |
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Art. 13.40. SWATTING. The offense of swatting may be |
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prosecuted in any county in which: |
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(1) the defendant resides; |
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(2) the false report was communicated; or |
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(3) a law enforcement agency responded to the false |
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report. |
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SECTION 3. Section 51.03(b), Family Code, is amended by to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(3) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(4) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; |
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(5) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a) or (b), Penal Code; [or] |
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(6) notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.261, Penal Code; or |
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(7) notwithstanding Subsection (a)(1), conduct that |
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violates Section 22.14, Penal Code, if the child has not been |
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previously adjudicated for conduct in violation of that section. |
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SECTION 5. This Act takes effect September 1, 2021. |