| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increasing the criminal penalty for certain conduct |
|
|
engaged in while participating in a riot and to restitution for |
|
|
property damage resulting from participating in a riot. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 42.02, Penal Code, is amended by |
|
|
amending Subsections (a) and (e) and adding Subsections (g) and (h) |
|
|
to read as follows: |
|
|
(a) In [For the purpose of] this section: |
|
|
(1) "First responder" has the meaning assigned by |
|
|
Section 421.095, Government Code. |
|
|
(2) "Riot" [, "riot"] means the assemblage of seven or |
|
|
more persons resulting in conduct which: |
|
|
(A) [(1)] creates an immediate danger of damage |
|
|
to property or injury to persons; |
|
|
(B) [(2)] substantially obstructs law |
|
|
enforcement or other governmental functions or services; or |
|
|
(C) [(3)] by force, threat of force, or physical |
|
|
action deprives any person of a legal right or disturbs any person |
|
|
in the enjoyment of a legal right. |
|
|
(e) Except as provided by Subsections [in Subsection] (f) |
|
|
and (g), an offense under this section is a Class B misdemeanor. |
|
|
(g) An offense under this section is a state jail felony if |
|
|
it is shown on the trial of the offense that the actor, while |
|
|
participating in the riot, knowingly committed or attempted to |
|
|
commit an offense under Section 22.01(a)(1) or (3) against a person |
|
|
the actor knew was a first responder while the person was performing |
|
|
a duty as a first responder. |
|
|
(h) For purposes of Subsection (g), the actor is presumed to |
|
|
have known the person was a first responder if the person was |
|
|
wearing a distinctive uniform or badge indicating the person's |
|
|
status as a first responder. |
|
|
SECTION 2. Article 42.037, Code of Criminal Procedure, is |
|
|
amended by adding Subsection (w) to read as follows: |
|
|
(w) The court shall order a defendant convicted of an |
|
|
offense under Section 42.02, Penal Code, to make restitution for |
|
|
any damage to or loss or destruction of property by reimbursing the |
|
|
owner of the property for the cost of restoring or replacing the |
|
|
property. |
|
|
SECTION 3. The change in law made by this Act applies 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 was |
|
|
committed before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |