Texas 2021 - 87th Regular

Texas House Bill HB1684 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Harless H.B. No. 1684
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to pretrial procedures, conditions for community
7	7	supervision, and criminal punishment for conduct endangering the
8	8	public safety; creating a criminal offense and increasing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 17.03(b), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(b) Only the court before whom the case is pending may
14	14	release on personal bond a defendant who:
15	15	(1) is charged with an offense under the following
16	16	sections of the Penal Code:
17	17	(A) Section 19.03 (Capital Murder);
18	18	(B) Section 20.04 (Aggravated Kidnapping);
19	19	(C) Section 22.021 (Aggravated Sexual Assault);
20	20	(D) Section 22.03 (Deadly Assault on Law
21	21	Enforcement or Corrections Officer, Member or Employee of Board of
22	22	Pardons and Paroles, or Court Participant);
23	23	(E) Section 22.04 (Injury to a Child, Elderly
24	24	Individual, or Disabled Individual);
25	25	(F) Section 29.03 (Aggravated Robbery);
26	26	(G) Section 30.02 (Burglary);
27	27	(H) Section 71.02 (Engaging in Organized
28	28	Criminal Activity);
29	29	(I) Section 21.02 (Continuous Sexual Abuse of
30	30	Young Child or Children); [or]
31	31	(J) Section 20A.03 (Continuous Trafficking of
32	32	Persons); or
33	33	(K) Section 42.02 (Riot);
34	34	(2) is charged with a felony under Chapter 481, Health
35	35	and Safety Code, or Section 485.033, Health and Safety Code,
36	36	punishable by imprisonment for a minimum term or by a maximum fine
37	37	that is more than a minimum term or maximum fine for a first degree
38	38	felony; or
39	39	(3) does not submit to testing for the presence of a
40	40	controlled substance in the defendant's body as requested by the
41	41	court or magistrate under Subsection (c) of this article or submits
42	42	to testing and the test shows evidence of the presence of a
43	43	controlled substance in the defendant's body.
44	44	SECTION 2. Article 17.033, Code of Criminal Procedure, is
45	45	amended by adding Subsection (e) to read as follows:
46	46	(e) Notwithstanding the time limits imposed by Subsections
47	47	(a) and (b), a person who is arrested without a warrant for an
48	48	alleged violation of Section 42.02, Penal Code, and who is detained
49	49	in jail may not be released on bond before the earlier of:
50	50	(1) the day on which the court before whom the case is
51	51	pending is reasonably able to verify the person's:
52	52	(A) name;
53	53	(B) address of primary residence;
54	54	(C) driver's license number and state of
55	55	issuance, if any;
56	56	(D) place of employment, if any; and
57	57	(E) current enrollment at an institution of
58	58	higher education, if any; or
59	59	(2) the fifteenth day after the commencement of the
60	60	person's detention.
61	61	SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
62	62	Procedure, is amended by adding Article 42A.517 to read as follows:
63	63	Art. 42A.517. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
64	64	INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. A court
65	65	granting community supervision to a defendant convicted of an
66	66	offense punishable as a state jail felony under Section 42.03,
67	67	Penal Code, shall require as a condition of community supervision
68	68	that the defendant submit to not less than 10 days of confinement in
69	69	a county jail.
70	70	SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended
71	71	by adding Section 12.501 to read as follows:
72	72	Sec. 12.501. PENALTY IF OFFENSE COMMITTED DURING A RIOT.
73	73	(a) In this section, "riot" has the meaning assigned by Section
74	74	42.02.
75	75	(b) Subject to Subsections (d) and (e), the punishment for
76	76	an offense listed under Subsection (c) is increased to the
77	77	punishment prescribed for the next higher category of offense if it
78	78	is shown on the trial of the offense that at the time of the offense
79	79	the actor was participating in a riot.
80	80	(c) The increase in punishment authorized by this section
81	81	applies only to an offense under:
82	82	(1) Section 22.01 (Assault);
83	83	(2) Section 28.02 (Arson);
84	84	(3) Section 28.03 (Criminal Mischief);
85	85	(4) Section 29.02 (Robbery);
86	86	(5) Section 30.02 (Burglary);
87	87	(6) Section 30.03 (Burglary of Coin-operated or Coin
88	88	Collection Machines);
89	89	(7) Section 30.04 (Burglary of Vehicles);
90	90	(8) Section 30.05 (Criminal Trespass);
91	91	(9) Section 31.03 (Theft); and
92	92	(10) Section 50.02 (Unlawful Use of Fireworks).
93	93	(d) If an offense listed under Subsection (c) is punishable
94	94	as a Class A misdemeanor after the application of Subsection (b),
95	95	the minimum term of confinement for the offense shall be no less
96	96	than 180 days.
97	97	(e) If an offense listed under Subsection (c) is punishable
98	98	as a felony of the first degree, the punishment of that offense may
99	99	not be increased under this section.
100	100	SECTION 5. Section 42.03(c), Penal Code, is amended to read
101	101	as follows:
102	102	(c) An offense under this section is a Class B misdemeanor,
103	103	except that the offense is a state jail felony if, in committing the
104	104	offense, the actor knowingly:
105	105	(1) prevents the passage of an authorized emergency
106	106	vehicle, as defined by Section 541.201, Transportation Code, that
107	107	is operating the vehicle's emergency audible or visual signals; or
108	108	(2) obstructs access to a hospital licensed under
109	109	Chapter 241, Health and Safety Code, or other health care facility
110	110	that provides emergency medical care, as defined by Section
111	111	773.003, Health and Safety Code.
112	112	SECTION 6. Section 42.13, Penal Code, is amended by
113	113	amending Subsection (c) and adding Subsection (d) to read as
114	114	follows:
115	115	(c) An offense under this section is a Class C misdemeanor,
116	116	except that the offense is:
117	117	(1) a felony of the third degree if the conduct causes
118	118	bodily injury to the officer; or
119	119	(2) a felony of the first degree if the conduct causes
120	120	serious bodily injury to the officer.
121	121	(d) If conduct that constitutes an offense under this
122	122	section also constitutes an offense under any other law, the actor
123	123	may be prosecuted under this section or the other law, but not both.
124	124	SECTION 7. Title 10, Penal Code, is amended by adding
125	125	Chapter 50 to read as follows:
126	126	CHAPTER 50. FIREWORKS
127	127	Sec. 50.01. DEFINITIONS. In this chapter:
128	128	(1) "Consumer firework" and "fireworks" have the
129	129	meanings assigned by 49 C.F.R. Section 173.59.
130	130	(2) "Law enforcement officer" means a person who is a
131	131	peace officer under Article 2.12, Code of Criminal Procedure, or a
132	132	person who is a federal law enforcement officer, as defined by 5
133	133	U.S.C. Section 8331(20).
134	134	Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person commits
135	135	an offense if the person explodes or ignites fireworks with the
136	136	intent to:
137	137	(1) interfere with the lawful performance of an
138	138	official duty by a law enforcement officer; or
139	139	(2) flee from a person the actor knows is a law
140	140	enforcement officer attempting to lawfully arrest or detain the
141	141	actor.
142	142	(b) Except as provided by Subsections (c) and (d), an
143	143	offense under this section is a state jail felony.
144	144	(c) An offense under this section that involves any firework
145	145	that is not a consumer firework is a second degree felony.
146	146	(d) Notwithstanding Subsection (c), an offense under this
147	147	section is a felony of the first degree if the offense causes
148	148	serious bodily injury to a person the actor knows is a law
149	149	enforcement officer while the law enforcement officer is lawfully
150	150	discharging an official duty or in retaliation or on account of an
151	151	exercise of official power or performance of an official duty as a
152	152	law enforcement officer.
153	153	(e) If conduct constituting an offense under this section
154	154	also constitutes an offense under any other law, the actor may be
155	155	prosecuted under this section, the other law, or both.
156	156	SECTION 8. Articles 17.03 and 17.033, Code of Criminal
157	157	Procedure, as amended by this Act, apply only to a person who is
158	158	arrested on or after the effective date of this Act. A person
159	159	arrested before the effective date of this Act is governed by the
160	160	law in effect on the date the person was arrested, and the former
161	161	law is continued in effect for that purpose.
162	162	SECTION 9. Article 42A.517, Code of Criminal Procedure, as
163	163	added by this Act, Sections 12.501 and 50.02, Penal Code, as added
164	164	by this Act, and Sections 42.03 and 42.13, Penal Code, as amended by
165	165	this Act, apply only to an offense committed on or after the
166	166	effective date of this Act. An offense committed before the
167	167	effective date of this Act is governed by the law in effect when the
168	168	offense was committed, and the former law is continued in effect for
169	169	that purpose. For purposes of this section, an offense was
170	170	committed before the effective date of this Act if any element of
171	171	the offense occurred before that date.
172	172	SECTION 10. This Act takes effect September 1, 2021.