| 1 | 1 | | By: Shaheen H.B. No. 2419 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to increasing the criminal penalty for certain offenses |
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| 7 | 7 | | committed during a riot. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 10 | 10 | | by adding Section 12.501 to read as follows: |
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| 11 | 11 | | Sec. 12.501. PENALTY IF OFFENSE COMMITTED DURING A RIOT. |
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| 12 | 12 | | (a) In this section, "riot" has the meaning assigned by Section |
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| 13 | 13 | | 42.02. |
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| 14 | 14 | | (b) Subject to Subsections (d) and (e), the punishment for |
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| 15 | 15 | | an offense listed under Subsection (c) is increased to the |
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| 16 | 16 | | punishment prescribed for the next higher category of offense if it |
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| 17 | 17 | | is shown on the trial of the offense that at the time of the offense |
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| 18 | 18 | | the actor was participating in a riot. |
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| 19 | 19 | | (c) The increase in punishment authorized by this section |
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| 20 | 20 | | applies only to an offense under: |
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| 21 | 21 | | (1) Section 22.01; |
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| 22 | 22 | | (2) Section 28.02; |
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| 23 | 23 | | (3) Section 28.03; |
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| 24 | 24 | | (4) Section 29.02; |
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| 25 | 25 | | (5) Section 30.02; |
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| 26 | 26 | | (6) Section 30.03; |
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| 27 | 27 | | (7) Section 30.04; |
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| 28 | 28 | | (8) Section 30.05; and |
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| 29 | 29 | | (9) Section 31.03. |
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| 30 | 30 | | (d) If an offense listed under Subsection (c) is punishable |
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| 31 | 31 | | as a Class A misdemeanor, the minimum term of confinement for the |
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| 32 | 32 | | offense is increased to 180 days. |
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| 33 | 33 | | (e) If an offense listed under Subsection (c) is punishable |
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| 34 | 34 | | as a felony of the first degree, the punishment of that offense may |
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| 35 | 35 | | not be increased under this section. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect on the date the offense was committed, |
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| 40 | 40 | | and the former law is continued in effect for that purpose. For |
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| 41 | 41 | | purposes of this section, an offense was committed before the |
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| 42 | 42 | | effective date of this Act if any element of the offense occurred |
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| 43 | 43 | | before that date. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2021. |
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