Texas 2011 - 82nd Regular

Texas House Bill HB2822 Compare Versions

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Old	New	Differences
1	1	82R13609 NAJ-D
2	2	By: Coleman H.B. No. 2822
3	3	Substitute the following for H.B. No. 2822:
4	4	By: Gallego C.S.H.B. No. 2822
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the penalty for and certain other civil consequences of
10	10	engaging in disorderly conduct for certain unlawful purposes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 62.001(5), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(5) "Reportable conviction or adjudication" means a
15	15	conviction or adjudication, including an adjudication of
16	16	delinquent conduct or a deferred adjudication, that, regardless of
17	17	the pendency of an appeal, is a conviction for or an adjudication
18	18	for or based on:
19	19	(A) a violation of Section 21.02 (Continuous
20	20	sexual abuse of young child or children), 21.11 (Indecency with a
21	21	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
22	22	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
23	23	(B) a violation of Section 43.05 (Compelling
24	24	prostitution), 43.25 (Sexual performance by a child), or 43.26
25	25	(Possession or promotion of child pornography), Penal Code;
26	26	(C) a violation of Section 20.04(a)(4)
27	27	(Aggravated kidnapping), Penal Code, if the actor committed the
28	28	offense or engaged in the conduct with intent to violate or abuse
29	29	the victim sexually;
30	30	(D) a violation of Section 30.02 (Burglary),
31	31	Penal Code, if the offense or conduct is punishable under
32	32	Subsection (d) of that section and the actor committed the offense
33	33	or engaged in the conduct with intent to commit a felony listed in
34	34	Paragraph (A) or (C);
35	35	(E) a violation of Section 20.02 (Unlawful
36	36	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
37	37	Penal Code, if, as applicable:
38	38	(i) the judgment in the case contains an
39	39	affirmative finding under Article 42.015; or
40	40	(ii) the order in the hearing or the papers
41	41	in the case contain an affirmative finding that the victim or
42	42	intended victim was younger than 17 years of age;
43	43	(F) the second violation of Section 21.08
44	44	(Indecent exposure) or 42.01(a)(12) (Disorderly conduct), Penal
45	45	Code, but not if the second violation results in a deferred
46	46	adjudication;
47	47	(G) an attempt, conspiracy, or solicitation, as
48	48	defined by Chapter 15, Penal Code, to commit an offense or engage in
49	49	conduct listed in Paragraph (A), (B), (C), (D), or (E);
50	50	(H) a violation of the laws of another state,
51	51	federal law, the laws of a foreign country, or the Uniform Code of
52	52	Military Justice for or based on the violation of an offense
53	53	containing elements that are substantially similar to the elements
54	54	of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
55	55	or (J), but not if the violation results in a deferred adjudication;
56	56	(I) the second violation of the laws of another
57	57	state, federal law, the laws of a foreign country, or the Uniform
58	58	Code of Military Justice for or based on the violation of an offense
59	59	containing elements that are substantially similar to the elements
60	60	of the offense of indecent exposure or the elements of the offense
61	61	of disorderly conduct described by Section 42.01(a)(12), Penal
62	62	Code, but not if the second violation results in a deferred
63	63	adjudication; or
64	64	(J) a violation of Section 33.021 (Online
65	65	solicitation of a minor), Penal Code.
66	66	SECTION 2. Sections 42.01(a) and (d), Penal Code, are
67	67	amended to read as follows:
68	68	(a) A person commits an offense if he intentionally or
69	69	knowingly:
70	70	(1) uses abusive, indecent, profane, or vulgar
71	71	language in a public place, and the language by its very utterance
72	72	tends to incite an immediate breach of the peace;
73	73	(2) makes an offensive gesture or display in a public
74	74	place, and the gesture or display tends to incite an immediate
75	75	breach of the peace;
76	76	(3) creates, by chemical means, a noxious and
77	77	unreasonable odor in a public place;
78	78	(4) abuses or threatens a person in a public place in
79	79	an obviously offensive manner;
80	80	(5) makes unreasonable noise in a public place other
81	81	than a sport shooting range, as defined by Section 250.001, Local
82	82	Government Code, or in or near a private residence that he has no
83	83	right to occupy;
84	84	(6) fights with another in a public place;
85	85	(7) discharges a firearm in a public place other than a
86	86	public road or a sport shooting range, as defined by Section
87	87	250.001, Local Government Code;
88	88	(8) displays a firearm or other deadly weapon in a
89	89	public place in a manner calculated to alarm;
90	90	(9) discharges a firearm on or across a public road;
91	91	(10) exposes his anus or genitals in a public place and
92	92	is reckless about whether another may be present who will be
93	93	offended or alarmed by his act; [or]
94	94	(11) for an [a lewd or] unlawful purpose not otherwise
95	95	described by Subdivision (12):
96	96	(A) enters on the property of another and looks
97	97	into a dwelling on the property through any window or other opening
98	98	in the dwelling;
99	99	(B) while on the premises of a hotel or
100	100	comparable establishment, looks into a guest room not the person's
101	101	own through a window or other opening in the room; or
102	102	(C) while on the premises of a public place,
103	103	looks into an area such as a restroom or shower stall or changing or
104	104	dressing room that is designed to provide privacy to a person using
105	105	the area; or
106	106	(12) with intent to arouse or gratify the sexual
107	107	desire of any person, engages in conduct described by Subdivision
108	108	(11)(A), (B), or (C).
109	109	(d) An offense under this section is a Class C misdemeanor,
110	110	except that the offense is:
111	111	(1) a Class B misdemeanor if [unless]committed under
112	112	Subsection (a)(7) or (a)(8); or
113	113	(2) a state jail felony if committed under Subsection
114	114	(a)(12) [, in which event it is a Class B misdemeanor].
115	115	SECTION 3. The change in law made by this Act applies only
116	116	to an offense committed on or after the effective date of this Act.
117	117	An offense committed before the effective date of this Act is
118	118	governed by the law in effect on the date the offense was committed,
119	119	and the former law is continued in effect for that purpose. For
120	120	purposes of this section, an offense was committed before the
121	121	effective date of this Act if any element of the offense occurred
122	122	before that date.
123	123	SECTION 4. This Act takes effect September 1, 2011.