Texas 2021 - 87th Regular

Texas House Bill HB3599 Compare Versions

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

Old	New	Differences
1	1	87R9956 ADM-F
2	2	By: Leach H.B. No. 3599
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating the criminal offenses of providing material
8	8	support or resources to a foreign terrorist organization, engaging
9	9	in terroristic activities, and threatened terroristic violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. TERRORISM
12	12	SECTION 1.01. The heading to Title 11, Penal Code, is
13	13	amended to read as follows:
14	14	TITLE 11. ORGANIZED CRIME AND TERRORISM
15	15	SECTION 1.02. Title 11, Penal Code, is amended by adding
16	16	Chapter 72 to read as follows:
17	17	CHAPTER 72. TERRORISM
18	18	Sec. 72.01. DEFINITIONS. In this chapter:
19	19	(1) "Foreign terrorist organization" means an
20	20	organization designated as a foreign terrorist organization under 8
21	21	U.S.C. Section 1189.
22	22	(2) "Material support or resources" means any
23	23	property, service, or personnel.
24	24	(3) "Property" means:
25	25	(A) real property;
26	26	(B) tangible or intangible personal property,
27	27	including anything severed from land; or
28	28	(C) a document, including money, that represents
29	29	or embodies anything of value.
30	30	(4) "Service" includes:
31	31	(A) labor and professional service;
32	32	(B) telecommunication, public utility, or
33	33	transportation service;
34	34	(C) lodging, restaurant service, and
35	35	entertainment; and
36	36	(D) the supply of a motor vehicle or other
37	37	property for use.
38	38	Sec. 72.02. PROVIDING MATERIAL SUPPORT OR RESOURCES TO
39	39	FOREIGN TERRORIST ORGANIZATION. (a) A person commits an offense if
40	40	the person knowingly provides material support or resources to a
41	41	foreign terrorist organization.
42	42	(b) An offense under this section is a felony of the first
43	43	degree.
44	44	Sec. 72.03. ENGAGING IN TERRORISTIC ACTIVITIES. (a) A
45	45	person commits an offense if the person, with intent to support or
46	46	participate in the activities of a foreign terrorist organization,
47	47	commits or conspires to commit one or more of the following:
48	48	(1) kidnapping;
49	49	(2) robbery;
50	50	(3) arson;
51	51	(4) trafficking of persons;
52	52	(5) any felony offense under Chapter 31 or 32;
53	53	(6) money laundering;
54	54	(7) any unlawful manufacture, delivery, dispensation,
55	55	or distribution of a controlled substance or dangerous drug that is
56	56	punishable as a felony;
57	57	(8) tampering with a witness;
58	58	(9) tampering with or fabricating physical evidence;
59	59	(10) tampering with a governmental record; or
60	60	(11) hindering apprehension or prosecution.
61	61	(b) Except as provided by Subsections (c) and (d), an
62	62	offense under this section is one category higher than the most
63	63	serious offense listed in Subsection (a) that was committed.
64	64	(c) If the most serious offense listed in Subsection (a)
65	65	that was committed is a felony of the first degree, an offense under
66	66	this section is a felony of the first degree punishable by
67	67	imprisonment in the Texas Department of Criminal Justice for life
68	68	or for any term of not more than 99 years or less than 15 years.
69	69	(d) If the most serious offense listed in Subsection (a)
70	70	that was committed is described by Subsection (a)(10) or (11), an
71	71	offense under this section is a felony of the third degree.
72	72	Sec. 72.04. THREATENED TERRORISTIC VIOLENCE. (a) A person
73	73	commits an offense if the person threatens to commit any offense
74	74	involving violence to any person or property with intent to:
75	75	(1) cause impairment or interruption of public
76	76	communications, public transportation, or public water, gas, or
77	77	power supply or other public service;
78	78	(2) place the public or a substantial group of the
79	79	public in fear of serious bodily injury;
80	80	(3) influence the conduct or activities of a branch or
81	81	agency of the federal government, the state, or a political
82	82	subdivision of the state; or
83	83	(4) prevent access to or use of a building owned or
84	84	controlled by the federal government, the state, or a political
85	85	subdivision of the state.
86	86	(b) An offense under this section is a felony of the third
87	87	degree.
88	88	Sec. 72.05. APPLICABILITY OF OTHER LAW. If conduct that
89	89	constitutes an offense under this chapter also constitutes an
90	90	offense under other law, the actor may be prosecuted under the
91	91	applicable section of this chapter, the other law, or both.
92	92	ARTICLE 2. CONFORMING AMENDMENTS
93	93	SECTION 2.01. Section 125.061(3), Civil Practice and
94	94	Remedies Code, is amended to read as follows:
95	95	(3) "Gang activity" means the following types of
96	96	conduct:
97	97	(A) organized criminal activity as described by
98	98	Section 71.02, Penal Code;
99	99	(B) terroristic threat as described by Section
100	100	22.07, Penal Code, or threatened terroristic violence as described
101	101	by Section 72.04, Penal Code;
102	102	(C) coercing, soliciting, or inducing gang
103	103	membership as described by Section 71.022(a) or (a-1), Penal Code;
104	104	(D) criminal trespass as described by Section
105	105	30.05, Penal Code;
106	106	(E) disorderly conduct as described by Section
107	107	42.01, Penal Code;
108	108	(F) criminal mischief as described by Section
109	109	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
110	110	(G) a graffiti offense in violation of Section
111	111	28.08, Penal Code;
112	112	(H) a weapons offense in violation of Chapter 46,
113	113	Penal Code; or
114	114	(I) unlawful possession of a substance or other
115	115	item in violation of Chapter 481, Health and Safety Code.
116	116	SECTION 2.02. Article 2.30(a), Code of Criminal Procedure,
117	117	is amended to read as follows:
118	118	(a) This article applies only to the following offenses:
119	119	(1) assault under Section 22.01, Penal Code;
120	120	(2) aggravated assault under Section 22.02, Penal
121	121	Code;
122	122	(3) sexual assault under Section 22.011, Penal Code;
123	123	(4) aggravated sexual assault under Section 22.021,
124	124	Penal Code; [and]
125	125	(5) terroristic threat under Section 22.07, Penal
126	126	Code; and
127	127	(6) threatened terroristic violence under Section
128	128	72.04, Penal Code.
129	129	SECTION 2.03. Section 37.006(a), Education Code, is amended
130	130	to read as follows:
131	131	(a) A student shall be removed from class and placed in a
132	132	disciplinary alternative education program as provided by Section
133	133	37.008 if the student:
134	134	(1) engages in conduct involving a public school that
135	135	contains the elements of the offense of false alarm or report under
136	136	Section 42.06, Penal Code, [or] terroristic threat under Section
137	137	22.07, Penal Code, or threatened terroristic violence under Section
138	138	72.04, Penal Code; or
139	139	(2) commits the following on or within 300 feet of
140	140	school property, as measured from any point on the school's real
141	141	property boundary line, or while attending a school-sponsored or
142	142	school-related activity on or off of school property:
143	143	(A) engages in conduct punishable as a felony;
144	144	(B) engages in conduct that contains the elements
145	145	of the offense of assault under Section 22.01(a)(1), Penal Code;
146	146	(C) sells, gives, or delivers to another person
147	147	or possesses or uses or is under the influence of:
148	148	(i) marihuana or a controlled substance, as
149	149	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
150	150	Section 801 et seq.; or
151	151	(ii) a dangerous drug, as defined by
152	152	Chapter 483, Health and Safety Code;
153	153	(D) sells, gives, or delivers to another person
154	154	an alcoholic beverage, as defined by Section 1.04, Alcoholic
155	155	Beverage Code, commits a serious act or offense while under the
156	156	influence of alcohol, or possesses, uses, or is under the influence
157	157	of an alcoholic beverage;
158	158	(E) engages in conduct that contains the elements
159	159	of an offense relating to an abusable volatile chemical under
160	160	Sections 485.031 through 485.034, Health and Safety Code;
161	161	(F) engages in conduct that contains the elements
162	162	of the offense of public lewdness under Section 21.07, Penal Code,
163	163	or indecent exposure under Section 21.08, Penal Code; or
164	164	(G) engages in conduct that contains the elements
165	165	of the offense of harassment under Section 42.07(a)(1), (2), (3),
166	166	or (7), Penal Code, against an employee of the school district.
167	167	SECTION 2.04. Section 37.007(b), Education Code, is amended
168	168	to read as follows:
169	169	(b) A student may be expelled if the student:
170	170	(1) engages in conduct involving a public school that
171	171	contains the elements of the offense of false alarm or report under
172	172	Section 42.06, Penal Code, [or] terroristic threat under Section
173	173	22.07, Penal Code, or threatened terroristic violence under Section
174	174	72.04, Penal Code;
175	175	(2) while on or within 300 feet of school property, as
176	176	measured from any point on the school's real property boundary
177	177	line, or while attending a school-sponsored or school-related
178	178	activity on or off of school property:
179	179	(A) sells, gives, or delivers to another person
180	180	or possesses, uses, or is under the influence of any amount of:
181	181	(i) marihuana or a controlled substance, as
182	182	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
183	183	Section 801 et seq.;
184	184	(ii) a dangerous drug, as defined by
185	185	Chapter 483, Health and Safety Code; or
186	186	(iii) an alcoholic beverage, as defined by
187	187	Section 1.04, Alcoholic Beverage Code;
188	188	(B) engages in conduct that contains the elements
189	189	of an offense relating to an abusable volatile chemical under
190	190	Sections 485.031 through 485.034, Health and Safety Code;
191	191	(C) engages in conduct that contains the elements
192	192	of an offense under Section 22.01(a)(1), Penal Code, against a
193	193	school district employee or a volunteer as defined by Section
194	194	22.053; or
195	195	(D) engages in conduct that contains the elements
196	196	of the offense of deadly conduct under Section 22.05, Penal Code;
197	197	(3) subject to Subsection (d), while within 300 feet
198	198	of school property, as measured from any point on the school's real
199	199	property boundary line:
200	200	(A) engages in conduct specified by Subsection
201	201	(a); or
202	202	(B) possesses a firearm, as defined by 18 U.S.C.
203	203	Section 921;
204	204	(4) engages in conduct that contains the elements of
205	205	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
206	206	aggravated robbery under Section 29.03, Penal Code, against another
207	207	student, without regard to whether the conduct occurs on or off of
208	208	school property or while attending a school-sponsored or
209	209	school-related activity on or off of school property; or
210	210	(5) engages in conduct that contains the elements of
211	211	the offense of breach of computer security under Section 33.02,
212	212	Penal Code, if:
213	213	(A) the conduct involves accessing a computer,
214	214	computer network, or computer system owned by or operated on behalf
215	215	of a school district; and
216	216	(B) the student knowingly:
217	217	(i) alters, damages, or deletes school
218	218	district property or information; or
219	219	(ii) commits a breach of any other
220	220	computer, computer network, or computer system.
221	221	SECTION 2.05. Section 37.011(b), Education Code, is amended
222	222	to read as follows:
223	223	(b) If a student admitted into the public schools of a
224	224	school district under Section 25.001(b) is expelled from school for
225	225	conduct for which expulsion is required under Section 37.007(a),
226	226	(d), or (e), [or] for conduct that contains the elements of the
227	227	offense of terroristic threat as described by Section 22.07(c-1) or
228	228	[,] (d), [or (e),] Penal Code, or for conduct that contains the
229	229	elements of the offense of threatened terroristic violence as
230	230	described by Section 72.04, Penal Code, the juvenile court, the
231	231	juvenile board, or the juvenile board's designee, as appropriate,
232	232	shall:
233	233	(1) if the student is placed on probation under
234	234	Section 54.04, Family Code, order the student to attend the
235	235	juvenile justice alternative education program in the county in
236	236	which the student resides from the date of disposition as a
237	237	condition of probation, unless the child is placed in a
238	238	post-adjudication treatment facility;
239	239	(2) if the student is placed on deferred prosecution
240	240	under Section 53.03, Family Code, by the court, prosecutor, or
241	241	probation department, require the student to immediately attend the
242	242	juvenile justice alternative education program in the county in
243	243	which the student resides for a period not to exceed six months as a
244	244	condition of the deferred prosecution;
245	245	(3) in determining the conditions of the deferred
246	246	prosecution or court-ordered probation, consider the length of the
247	247	school district's expulsion order for the student; and
248	248	(4) provide timely educational services to the student
249	249	in the juvenile justice alternative education program in the county
250	250	in which the student resides, regardless of the student's age or
251	251	whether the juvenile court has jurisdiction over the student.
252	252	SECTION 2.06. Section 37.015(a), Education Code, is amended
253	253	to read as follows:
254	254	(a) The principal of a public or private primary or
255	255	secondary school, or a person designated by the principal under
256	256	Subsection (d), shall notify any school district police department
257	257	and the police department of the municipality in which the school is
258	258	located or, if the school is not in a municipality, the sheriff of
259	259	the county in which the school is located if the principal has
260	260	reasonable grounds to believe that any of the following activities
261	261	occur in school, on school property, or at a school-sponsored or
262	262	school-related activity on or off school property, whether or not
263	263	the activity is investigated by school security officers:
264	264	(1) conduct that may constitute an offense listed
265	265	under Section 508.149, Government Code;
266	266	(2) deadly conduct under Section 22.05, Penal Code;
267	267	(3) a terroristic threat under Section 22.07, Penal
268	268	Code, or threatened terroristic violence under Section 72.04, Penal
269	269	Code;
270	270	(4) the use, sale, or possession of a controlled
271	271	substance, drug paraphernalia, or marihuana under Chapter 481,
272	272	Health and Safety Code;
273	273	(5) the possession of any of the weapons or devices
274	274	listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
275	275	Code;
276	276	(6) conduct that may constitute a criminal offense
277	277	under Section 71.02, Penal Code; or
278	278	(7) conduct that may constitute a criminal offense for
279	279	which a student may be expelled under Section 37.007(a), (d), or
280	280	(e).
281	281	SECTION 2.07. Section 37.113, Education Code, is amended to
282	282	read as follows:
283	283	Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT, [OR]
284	284	TERRORISTIC THREAT, OR THREATENED TERRORISTIC VIOLENCE. A school
285	285	district that receives a bomb threat, [or] terroristic threat, or
286	286	threat of terroristic violence relating to a campus or other
287	287	district facility at which students are present shall provide
288	288	notification of the threat as soon as possible to the parent or
289	289	guardian of or other person standing in parental relation to each
290	290	student who is assigned to the campus or who regularly uses the
291	291	facility, as applicable.
292	292	SECTION 2.08. Section 1104.353(b), Estates Code, is amended
293	293	to read as follows:
294	294	(b) It is presumed to be not in the best interests of a ward
295	295	or incapacitated person to appoint as guardian of the ward or
296	296	incapacitated person a person who has been finally convicted of:
297	297	(1) any sexual offense, including sexual assault,
298	298	aggravated sexual assault, and prohibited sexual conduct;
299	299	(2) aggravated assault;
300	300	(3) injury to a child, elderly individual, or disabled
301	301	individual;
302	302	(4) abandoning or endangering a child;
303	303	(5) terroristic threat or threatened terroristic
304	304	violence; or
305	305	(6) continuous violence against the family of the ward
306	306	or incapacitated person.
307	307	SECTION 2.09. Section 250.006(a), Health and Safety Code,
308	308	is amended to read as follows:
309	309	(a) A person for whom the facility or the individual
310	310	employer is entitled to obtain criminal history record information
311	311	may not be employed in a facility or by an individual employer if
312	312	the person has been convicted of an offense listed in this
313	313	subsection:
314	314	(1) an offense under Chapter 19, Penal Code (criminal
315	315	homicide);
316	316	(2) an offense under Chapter 20, Penal Code
317	317	(kidnapping, unlawful restraint, and smuggling of persons);
318	318	(3) an offense under Section 21.02, Penal Code
319	319	(continuous sexual abuse of young child or children), or Section
320	320	21.11, Penal Code (indecency with a child);
321	321	(4) an offense under Section 22.011, Penal Code
322	322	(sexual assault);
323	323	(5) an offense under Section 22.02, Penal Code
324	324	(aggravated assault);
325	325	(6) an offense under Section 22.04, Penal Code (injury
326	326	to a child, elderly individual, or disabled individual);
327	327	(7) an offense under Section 22.041, Penal Code
328	328	(abandoning or endangering child);
329	329	(8) an offense under Section 22.08, Penal Code (aiding
330	330	suicide);
331	331	(9) an offense under Section 25.031, Penal Code
332	332	(agreement to abduct from custody);
333	333	(10) an offense under Section 25.08, Penal Code (sale
334	334	or purchase of child);
335	335	(11) an offense under Section 28.02, Penal Code
336	336	(arson);
337	337	(12) an offense under Section 29.02, Penal Code
338	338	(robbery);
339	339	(13) an offense under Section 29.03, Penal Code
340	340	(aggravated robbery);
341	341	(14) an offense under Section 21.08, Penal Code
342	342	(indecent exposure);
343	343	(15) an offense under Section 21.12, Penal Code
344	344	(improper relationship between educator and student);
345	345	(16) an offense under Section 21.15, Penal Code
346	346	(invasive visual recording);
347	347	(17) an offense under Section 22.05, Penal Code
348	348	(deadly conduct);
349	349	(18) an offense under Section 22.021, Penal Code
350	350	(aggravated sexual assault);
351	351	(19) an offense under Section 22.07, Penal Code
352	352	(terroristic threat), or under Section 72.04, Penal Code
353	353	(threatened terroristic violence);
354	354	(20) an offense under Section 32.53, Penal Code
355	355	(exploitation of child, elderly individual, or disabled
356	356	individual);
357	357	(21) an offense under Section 33.021, Penal Code
358	358	(online solicitation of a minor);
359	359	(22) an offense under Section 34.02, Penal Code (money
360	360	laundering);
361	361	(23) an offense under Section 35A.02, Penal Code
362	362	(health care fraud);
363	363	(24) an offense under Section 36.06, Penal Code
364	364	(obstruction or retaliation);
365	365	(25) an offense under Section 42.09, Penal Code
366	366	(cruelty to livestock animals), or under Section 42.092, Penal Code
367	367	(cruelty to nonlivestock animals); or
368	368	(26) a conviction under the laws of another state,
369	369	federal law, or the Uniform Code of Military Justice for an offense
370	370	containing elements that are substantially similar to the elements
371	371	of an offense listed by this subsection.
372	372	SECTION 2.10. Section 19.03(a), Penal Code, is amended to
373	373	read as follows:
374	374	(a) A person commits an offense if the person commits murder
375	375	as defined under Section 19.02(b)(1) and:
376	376	(1) the person murders a peace officer or fireman who
377	377	is acting in the lawful discharge of an official duty and who the
378	378	person knows is a peace officer or fireman;
379	379	(2) the person intentionally commits the murder in the
380	380	course of committing or attempting to commit kidnapping, burglary,
381	381	robbery, aggravated sexual assault, arson, obstruction or
382	382	retaliation, threatened terroristic violence, or terroristic
383	383	threat under Section 22.07(a)(1) or[,] (3)[, (4), (5), or (6)];
384	384	(3) the person commits the murder for remuneration or
385	385	the promise of remuneration or employs another to commit the murder
386	386	for remuneration or the promise of remuneration;
387	387	(4) the person commits the murder while escaping or
388	388	attempting to escape from a penal institution;
389	389	(5) the person, while incarcerated in a penal
390	390	institution, murders another:
391	391	(A) who is employed in the operation of the penal
392	392	institution; or
393	393	(B) with the intent to establish, maintain, or
394	394	participate in a combination or in the profits of a combination;
395	395	(6) the person:
396	396	(A) while incarcerated for an offense under this
397	397	section or Section 19.02, murders another; or
398	398	(B) while serving a sentence of life imprisonment
399	399	or a term of 99 years for an offense under Section 20.04, 22.021, or
400	400	29.03, murders another;
401	401	(7) the person murders more than one person:
402	402	(A) during the same criminal transaction; or
403	403	(B) during different criminal transactions but
404	404	the murders are committed pursuant to the same scheme or course of
405	405	conduct;
406	406	(8) the person murders an individual under 10 years of
407	407	age;
408	408	(9) the person murders an individual 10 years of age or
409	409	older but younger than 15 years of age; or
410	410	(10) the person murders another person in retaliation
411	411	for or on account of the service or status of the other person as a
412	412	judge or justice of the supreme court, the court of criminal
413	413	appeals, a court of appeals, a district court, a criminal district
414	414	court, a constitutional county court, a statutory county court, a
415	415	justice court, or a municipal court.
416	416	SECTION 2.11. Section 22.07(a), Penal Code, is amended to
417	417	read as follows:
418	418	(a) A person commits an offense if the person [he] threatens
419	419	to commit any offense involving violence to any person or property
420	420	with intent to:
421	421	(1) cause a reaction of any type to the [his] threat by
422	422	an official or volunteer agency organized to deal with emergencies;
423	423	(2) place any person in fear of imminent serious
424	424	bodily injury; or
425	425	(3) prevent or interrupt the occupation or use of a
426	426	building, room, place of assembly, place to which the public has
427	427	access, place of employment or occupation, aircraft, automobile, or
428	428	other form of conveyance, or other public place[;
429	429	[(4) cause impairment or interruption of public
430	430	communications, public transportation, public water, gas, or power
431	431	supply or other public service;
432	432	[(5) place the public or a substantial group of the
433	433	public in fear of serious bodily injury; or
434	434	[(6) influence the conduct or activities of a branch
435	435	or agency of the federal government, the state, or a political
436	436	subdivision of the state].
437	437	SECTION 2.12. Section 22.07(e), Penal Code, is repealed.
438	438	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
439	439	SECTION 3.01. The changes in law made by this Act apply only
440	440	to an offense committed on or after the effective date of this Act.
441	441	An offense committed before the effective date of this Act is
442	442	governed by the law in effect on the date the offense was committed,
443	443	and the former law is continued in effect for that purpose. For
444	444	purposes of this section, an offense was committed before the
445	445	effective date of this Act if any element of the offense occurred
446	446	before that date.
447	447	SECTION 3.02. This Act takes effect September 1, 2021.