87R7254 EAS-F
 
  By: Buckingham S.B. No. 912
 
 
 
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.