By: Shaheen H.B. No. 2419
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain offenses
committed during a riot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.501 to read as follows:
Sec. 12.501. PENALTY IF OFFENSE COMMITTED DURING A RIOT.
(a) In this section, "riot" has the meaning assigned by Section
42.02.
(b) Subject to Subsections (d) and (e), the punishment for
an offense listed under Subsection (c) is increased to the
punishment prescribed for the next higher category of offense if it
is shown on the trial of the offense that at the time of the offense
the actor was participating in a riot.
(c) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 22.01;
(2) Section 28.02;
(3) Section 28.03;
(4) Section 29.02;
(5) Section 30.02;
(6) Section 30.03;
(7) Section 30.04;
(8) Section 30.05; and
(9) Section 31.03.
(d) If an offense listed under Subsection (c) is punishable
as a Class A misdemeanor, the minimum term of confinement for the
offense is increased to 180 days.
(e) If an offense listed under Subsection (c) is punishable
as a felony of the first degree, the punishment of that offense may
not be increased under this section.
SECTION 2. 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2021.