| 1 | | - | H.B. No. 9 |
|---|
| 1 | + | By: Klick, et al. H.B. No. 9 |
|---|
| 2 | + | (Senate Sponsor - Campbell, Bettencourt) |
|---|
| 3 | + | (In the Senate - Received from the House May 10, 2021; |
|---|
| 4 | + | May 10, 2021, read first time and referred to Committee on Criminal |
|---|
| 5 | + | Justice; May 20, 2021, reported favorably by the following vote: |
|---|
| 6 | + | Yeas 5, Nays 1; May 20, 2021, sent to printer.) |
|---|
| 7 | + | Click here to see the committee vote |
|---|
| 4 | 11 | | AN ACT |
|---|
| 5 | 12 | | relating to the criminal punishment and conditions of community |
|---|
| 6 | 13 | | supervision for the offense of obstructing a highway or other |
|---|
| 7 | 14 | | passageway; increasing a criminal penalty. |
|---|
| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 16 | | SECTION 1. Subchapter K, Chapter 42A, Code of Criminal |
|---|
| 10 | 17 | | Procedure, is amended by adding Article 42A.517 to read as follows: |
|---|
| 11 | 18 | | Art. 42A.517. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES |
|---|
| 12 | 19 | | INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. A court |
|---|
| 13 | 20 | | granting community supervision to a defendant convicted of an |
|---|
| 14 | 21 | | offense punishable as a state jail felony under Section 42.03, |
|---|
| 15 | 22 | | Penal Code, shall require as a condition of community supervision |
|---|
| 16 | 23 | | that the defendant submit to not less than 10 days of confinement in |
|---|
| 17 | 24 | | a county jail. |
|---|
| 18 | 25 | | SECTION 2. Section 42.03(c), Penal Code, is amended to read |
|---|
| 19 | 26 | | as follows: |
|---|
| 20 | 27 | | (c) An offense under this section is a Class B misdemeanor, |
|---|
| 21 | 28 | | except that the offense is a state jail felony if, in committing the |
|---|
| 22 | 29 | | offense, the actor knowingly: |
|---|
| 23 | 30 | | (1) prevents the passage of an authorized emergency |
|---|
| 24 | 31 | | vehicle, as defined by Section 541.201, Transportation Code, that |
|---|
| 25 | 32 | | is operating the vehicle's emergency audible or visual signals |
|---|
| 26 | 33 | | required by Section 546.003, Transportation Code; or |
|---|
| 27 | 34 | | (2) obstructs access to a hospital licensed under |
|---|
| 28 | 35 | | Chapter 241, Health and Safety Code, or other health care facility |
|---|
| 29 | 36 | | that provides emergency medical care, as defined by Section |
|---|
| 30 | 37 | | 773.003, Health and Safety Code. |
|---|
| 31 | 38 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 32 | 39 | | to an offense committed on or after the effective date of this Act. |
|---|
| 33 | 40 | | An offense committed before the effective date of this Act is |
|---|
| 34 | 41 | | governed by the law in effect on the date the offense was committed, |
|---|
| 35 | 42 | | and the former law is continued in effect for that purpose. For |
|---|
| 36 | 43 | | purposes of this section, an offense was committed before the |
|---|
| 37 | 44 | | effective date of this Act if any element of the offense occurred |
|---|
| 38 | 45 | | before that date. |
|---|
| 39 | 46 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|
| 40 | | - | ______________________________ ______________________________ |
|---|
| 41 | | - | President of the Senate Speaker of the House |
|---|
| 42 | | - | I certify that H.B. No. 9 was passed by the House on May 6, |
|---|
| 43 | | - | 2021, by the following vote: Yeas 90, Nays 55, 2 present, not |
|---|
| 44 | | - | voting. |
|---|
| 45 | | - | ______________________________ |
|---|
| 46 | | - | Chief Clerk of the House |
|---|
| 47 | | - | I certify that H.B. No. 9 was passed by the Senate on May 22, |
|---|
| 48 | | - | 2021, by the following vote: Yeas 25, Nays 5. |
|---|
| 49 | | - | ______________________________ |
|---|
| 50 | | - | Secretary of the Senate |
|---|
| 51 | | - | APPROVED: _____________________ |
|---|
| 52 | | - | Date |
|---|
| 53 | | - | _____________________ |
|---|
| 54 | | - | Governor |
|---|
| 47 | + | * * * * * |
|---|