| 1 | 1 | | 86R10725 ADM-F |
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| 2 | 2 | | By: Paxton S.B. No. 2161 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating the criminal offenses of providing material |
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| 8 | 8 | | support or resources to a foreign terrorist organization and |
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| 9 | 9 | | engaging in terrorist activities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Title 11, Penal Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | TITLE 11. ORGANIZED CRIME AND TERRORISM |
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| 14 | 14 | | SECTION 2. Title 11, Penal Code, is amended by adding |
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| 15 | 15 | | Chapter 72 to read as follows: |
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| 16 | 16 | | CHAPTER 72. TERRORISM |
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| 17 | 17 | | Sec. 72.01. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Foreign terrorist organization" means an |
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| 19 | 19 | | organization designated as a foreign terrorist organization under 8 |
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| 20 | 20 | | U.S.C. Section 1189. |
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| 21 | 21 | | (2) "Material support or resources" means any |
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| 22 | 22 | | property, service, or personnel. |
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| 23 | 23 | | (3) "Property" means: |
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| 24 | 24 | | (A) real property; |
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| 25 | 25 | | (B) tangible or intangible personal property, |
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| 26 | 26 | | including anything severed from land; or |
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| 27 | 27 | | (C) a document, including money, that represents |
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| 28 | 28 | | or embodies anything of value. |
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| 29 | 29 | | (4) "Service" includes: |
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| 30 | 30 | | (A) labor and professional service; |
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| 31 | 31 | | (B) telecommunication, public utility, or |
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| 32 | 32 | | transportation service; |
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| 33 | 33 | | (C) lodging, restaurant service, and |
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| 34 | 34 | | entertainment; and |
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| 35 | 35 | | (D) the supply of a motor vehicle or other |
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| 36 | 36 | | property for use. |
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| 37 | 37 | | Sec. 72.02. PROVIDING MATERIAL SUPPORT OR RESOURCES TO |
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| 38 | 38 | | FOREIGN TERRORIST ORGANIZATION. (a) A person commits an offense if |
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| 39 | 39 | | the person knowingly provides material support or resources to a |
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| 40 | 40 | | foreign terrorist organization. |
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| 41 | 41 | | (b) An offense under this section is a felony of the first |
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| 42 | 42 | | degree. |
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| 43 | 43 | | Sec. 72.03. ENGAGING IN TERRORIST ACTIVITIES. (a) A person |
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| 44 | 44 | | commits an offense if the person, with intent to support or |
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| 45 | 45 | | participate in the activities of a foreign terrorist organization, |
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| 46 | 46 | | commits or conspires to commit one or more of the following: |
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| 47 | 47 | | (1) kidnapping; |
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| 48 | 48 | | (2) robbery; |
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| 49 | 49 | | (3) arson; |
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| 50 | 50 | | (4) trafficking of persons; |
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| 51 | 51 | | (5) any felony offense under Chapter 31 or 32; |
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| 52 | 52 | | (6) money laundering; |
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| 53 | 53 | | (7) any unlawful manufacture, delivery, dispensation, |
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| 54 | 54 | | or distribution of a controlled substance or dangerous drug that is |
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| 55 | 55 | | punishable as a felony; |
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| 56 | 56 | | (8) tampering with a witness; |
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| 57 | 57 | | (9) tampering with or fabricating physical evidence; |
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| 58 | 58 | | (10) tampering with a governmental record; or |
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| 59 | 59 | | (11) hindering apprehension or prosecution. |
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| 60 | 60 | | (b) Except as provided by Subsections (c) and (d), an |
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| 61 | 61 | | offense under this section is one category higher than the most |
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| 62 | 62 | | serious offense listed in Subsection (a) that was committed. |
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| 63 | 63 | | (c) If the most serious offense listed in Subsection (a) |
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| 64 | 64 | | that was committed is a felony of the first degree, an offense under |
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| 65 | 65 | | this section is a felony of the first degree punishable by |
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| 66 | 66 | | imprisonment in the Texas Department of Criminal Justice for life |
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| 67 | 67 | | or for any term of not more than 99 years or less than 15 years. |
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| 68 | 68 | | (d) If the most serious offense listed in Subsection (a) |
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| 69 | 69 | | that was committed is described by Subsection (a)(10) or (11), an |
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| 70 | 70 | | offense under this section is a felony of the third degree. |
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| 71 | 71 | | Sec. 72.04. APPLICABILITY OF OTHER LAW. If conduct that |
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| 72 | 72 | | constitutes an offense under this chapter also constitutes an |
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| 73 | 73 | | offense under other law, the actor may be prosecuted under this |
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| 74 | 74 | | section, the other law, or both. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2019. |
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