87R9956 ADM-F

By: Leach H.B. No. 3599

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offenses of providing material support or resources to a foreign terrorist organization, engaging in terroristic activities, and threatened terroristic violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. TERRORISM

SECTION 1.01. The heading to Title 11, Penal Code, is amended to read as follows:

TITLE 11. ORGANIZED CRIME AND TERRORISM

SECTION 1.02. Title 11, Penal Code, is amended by adding Chapter 72 to read as follows:

CHAPTER 72. TERRORISM

Sec. 72.01. DEFINITIONS. In this chapter:

(1) "Foreign terrorist organization" means an organization designated as a foreign terrorist organization under 8 U.S.C. Section 1189.

(2) "Material support or resources" means any property, service, or personnel.

(3) "Property" means:

(A) real property;

(B) tangible or intangible personal property, including anything severed from land; or

(C) a document, including money, that represents or embodies anything of value.

(4) "Service" includes:

(A) labor and professional service;

(B) telecommunication, public utility, or transportation service;

(C) lodging, restaurant service, and entertainment; and

(D) the supply of a motor vehicle or other property for use.

Sec. 72.02. PROVIDING MATERIAL SUPPORT OR RESOURCES TO FOREIGN TERRORIST ORGANIZATION. (a) A person commits an offense if the person knowingly provides material support or resources to a foreign terrorist organization.

(b) An offense under this section is a felony of the first degree.

Sec. 72.03. ENGAGING IN TERRORISTIC ACTIVITIES. (a) A person commits an offense if the person, with intent to support or participate in the activities of a foreign terrorist organization, commits or conspires to commit one or more of the following:

(1) kidnapping;

(2) robbery;

(3) arson;

(4) trafficking of persons;

(5) any felony offense under Chapter 31 or 32;

(6) money laundering;

(7) any unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug that is punishable as a felony;

(8) tampering with a witness;

(9) tampering with or fabricating physical evidence;

(10) tampering with a governmental record; or

(11) hindering apprehension or prosecution.

(b) Except as provided by Subsections (c) and (d), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed.

(c) If the most serious offense listed in Subsection (a) that was committed is a felony of the first degree, an offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 15 years.

(d) If the most serious offense listed in Subsection (a) that was committed is described by Subsection (a)(10) or (11), an offense under this section is a felony of the third degree.

Sec. 72.04. THREATENED TERRORISTIC VIOLENCE. (a) A person commits an offense if the person threatens to commit any offense involving violence to any person or property with intent to:

(1) cause impairment or interruption of public communications, public transportation, or public water, gas, or power supply or other public service;

(2) place the public or a substantial group of the public in fear of serious bodily injury;

(3) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state; or

(4) prevent access to or use of a building owned or controlled by the federal government, the state, or a political subdivision of the state.

(b) An offense under this section is a felony of the third degree.

Sec. 72.05. APPLICABILITY OF OTHER LAW. If conduct that constitutes an offense under this chapter also constitutes an offense under other law, the actor may be prosecuted under the applicable section of this chapter, the other law, or both.

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. Section 125.061(3), Civil Practice and Remedies Code, is amended to read as follows:

(3) "Gang activity" means the following types of conduct:

(A) organized criminal activity as described by Section 71.02, Penal Code;

(B) terroristic threat as described by Section 22.07, Penal Code, or threatened terroristic violence as described by Section 72.04, Penal Code;

(C) coercing, soliciting, or inducing gang membership as described by Section 71.022(a) or (a-1), Penal Code;

(D) criminal trespass as described by Section 30.05, Penal Code;

(E) disorderly conduct as described by Section 42.01, Penal Code;

(F) criminal mischief as described by Section 28.03, Penal Code, that causes a pecuniary loss of $500 or more;

(G) a graffiti offense in violation of Section 28.08, Penal Code;

(H) a weapons offense in violation of Chapter 46, Penal Code; or

(I) unlawful possession of a substance or other item in violation of Chapter 481, Health and Safety Code.

SECTION 2.02. Article 2.30(a), Code of Criminal Procedure, is amended to read as follows:

(a) This article applies only to the following offenses:

(1) assault under Section 22.01, Penal Code;

(2) aggravated assault under Section 22.02, Penal Code;

(3) sexual assault under Section 22.011, Penal Code;

(4) aggravated sexual assault under Section 22.021, Penal Code; [and]

(5) terroristic threat under Section 22.07, Penal Code; and

(6) threatened terroristic violence under Section 72.04, Penal Code.

SECTION 2.03. Section 37.006(a), Education Code, is amended to read as follows:

(a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, [or] terroristic threat under Section 22.07, Penal Code, or threatened terroristic violence under Section 72.04, Penal Code; or

(2) commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A) engages in conduct punishable as a felony;

(B) engages in conduct that contains the elements of the offense of assault under Section 22.01(a)(1), Penal Code;

(C) sells, gives, or delivers to another person or possesses or uses or is under the influence of:

(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or

(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code;

(D) sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage;

(E) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;

(F) engages in conduct that contains the elements of the offense of public lewdness under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code; or

(G) engages in conduct that contains the elements of the offense of harassment under Section 42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school district.

SECTION 2.04. Section 37.007(b), Education Code, is amended to read as follows:

(b) A student may be expelled if the student:

(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, [or] terroristic threat under Section 22.07, Penal Code, or threatened terroristic violence under Section 72.04, Penal Code;

(2) while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A) sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:

(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;

(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or

(iii) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;

(B) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;

(C) engages in conduct that contains the elements of an offense under Section 22.01(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053; or

(D) engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05, Penal Code;

(3) subject to Subsection (d), while within 300 feet of school property, as measured from any point on the school's real property boundary line:

(A) engages in conduct specified by Subsection (a); or

(B) possesses a firearm, as defined by 18 U.S.C. Section 921;

(4) engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property; or

(5) engages in conduct that contains the elements of the offense of breach of computer security under Section 33.02, Penal Code, if:

(A) the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and

(B) the student knowingly:

(i) alters, damages, or deletes school district property or information; or

(ii) commits a breach of any other computer, computer network, or computer system.

SECTION 2.05. Section 37.011(b), Education Code, is amended to read as follows:

(b) If a student admitted into the public schools of a school district under Section 25.001(b) is expelled from school for conduct for which expulsion is required under Section 37.007(a), (d), or (e), [or] for conduct that contains the elements of the offense of terroristic threat as described by Section 22.07(c-1) or [,] (d), [or (e),] Penal Code, or for conduct that contains the elements of the offense of threatened terroristic violence as described by Section 72.04, Penal Code, the juvenile court, the juvenile board, or the juvenile board's designee, as appropriate, shall:

(1) if the student is placed on probation under Section 54.04, Family Code, order the student to attend the juvenile justice alternative education program in the county in which the student resides from the date of disposition as a condition of probation, unless the child is placed in a post-adjudication treatment facility;

(2) if the student is placed on deferred prosecution under Section 53.03, Family Code, by the court, prosecutor, or probation department, require the student to immediately attend the juvenile justice alternative education program in the county in which the student resides for a period not to exceed six months as a condition of the deferred prosecution;

(3) in determining the conditions of the deferred prosecution or court-ordered probation, consider the length of the school district's expulsion order for the student; and

(4) provide timely educational services to the student in the juvenile justice alternative education program in the county in which the student resides, regardless of the student's age or whether the juvenile court has jurisdiction over the student.

SECTION 2.06. Section 37.015(a), Education Code, is amended to read as follows:

(a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

(1) conduct that may constitute an offense listed under Section 508.149, Government Code;

(2) deadly conduct under Section 22.05, Penal Code;

(3) a terroristic threat under Section 22.07, Penal Code, or threatened terroristic violence under Section 72.04, Penal Code;

(4) the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;

(5) the possession of any of the weapons or devices listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code;

(6) conduct that may constitute a criminal offense under Section 71.02, Penal Code; or

(7) conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e).

SECTION 2.07. Section 37.113, Education Code, is amended to read as follows:

Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT, [OR] TERRORISTIC THREAT, OR THREATENED TERRORISTIC VIOLENCE. A school district that receives a bomb threat, [or] terroristic threat, or threat of terroristic violence relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.

SECTION 2.08. Section 1104.353(b), Estates Code, is amended to read as follows:

(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:

(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;

(2) aggravated assault;

(3) injury to a child, elderly individual, or disabled individual;

(4) abandoning or endangering a child;

(5) terroristic threat or threatened terroristic violence; or

(6) continuous violence against the family of the ward or incapacitated person.

SECTION 2.09. Section 250.006(a), Health and Safety Code, is amended to read as follows:

(a) A person for whom the facility or the individual employer is entitled to obtain criminal history record information may not be employed in a facility or by an individual employer if the person has been convicted of an offense listed in this subsection:

(1) an offense under Chapter 19, Penal Code (criminal homicide);

(2) an offense under Chapter 20, Penal Code (kidnapping, unlawful restraint, and smuggling of persons);

(3) an offense under Section 21.02, Penal Code (continuous sexual abuse of young child or children), or Section 21.11, Penal Code (indecency with a child);

(4) an offense under Section 22.011, Penal Code (sexual assault);

(5) an offense under Section 22.02, Penal Code (aggravated assault);

(6) an offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);

(7) an offense under Section 22.041, Penal Code (abandoning or endangering child);

(8) an offense under Section 22.08, Penal Code (aiding suicide);

(9) an offense under Section 25.031, Penal Code (agreement to abduct from custody);

(10) an offense under Section 25.08, Penal Code (sale or purchase of child);

(11) an offense under Section 28.02, Penal Code (arson);

(12) an offense under Section 29.02, Penal Code (robbery);

(13) an offense under Section 29.03, Penal Code (aggravated robbery);

(14) an offense under Section 21.08, Penal Code (indecent exposure);

(15) an offense under Section 21.12, Penal Code (improper relationship between educator and student);

(16) an offense under Section 21.15, Penal Code (invasive visual recording);

(17) an offense under Section 22.05, Penal Code (deadly conduct);

(18) an offense under Section 22.021, Penal Code (aggravated sexual assault);

(19) an offense under Section 22.07, Penal Code (terroristic threat), or under Section 72.04, Penal Code (threatened terroristic violence);

(20) an offense under Section 32.53, Penal Code (exploitation of child, elderly individual, or disabled individual);

(21) an offense under Section 33.021, Penal Code (online solicitation of a minor);

(22) an offense under Section 34.02, Penal Code (money laundering);

(23) an offense under Section 35A.02, Penal Code (health care fraud);

(24) an offense under Section 36.06, Penal Code (obstruction or retaliation);

(25) an offense under Section 42.09, Penal Code (cruelty to livestock animals), or under Section 42.092, Penal Code (cruelty to nonlivestock animals); or

(26) a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed by this subsection.

SECTION 2.10. Section 19.03(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person 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, obstruction or retaliation, threatened terroristic violence, or terroristic threat under Section 22.07(a)(1) or[,] (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;

(8) the person murders an individual under 10 years of age;

(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or

(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

SECTION 2.11. Section 22.07(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person [he] threatens to commit any offense involving violence to any person or property with intent to:

(1) cause a reaction of any type to the [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[;

[(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].

SECTION 2.12. Section 22.07(e), Penal Code, is repealed.

ARTICLE 3. TRANSITION AND EFFECTIVE DATE

SECTION 3.01. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3.02. This Act takes effect September 1, 2021.