Texas 2021 - 87th Regular

Texas Senate Bill SB1741 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Birdwell S.B. No. 1741
	2	+	(In the Senate - Filed March 12, 2021; March 26, 2021, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	April 27, 2021, rereferred to Committee on Jurisprudence;
	5	+	May 13, 2021, reported favorably by the following vote: Yeas 3,
	6	+	Nays 1; May 13, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to pretrial procedures, conditions for community
7	13		supervision, and criminal punishment for conduct endangering the
8	14		public safety; creating a criminal offense and increasing criminal
9	15		penalties.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Article 17.03(b), Code of Criminal Procedure, is
12	18		amended to read as follows:
13	19		(b) Only the court before whom the case is pending may
14	20		release on personal bond a defendant who:
15	21		(1) is charged with an offense under the following
16	22		sections of the Penal Code:
17	23		(A) Section 19.03 (Capital Murder);
18	24		(B) Section 20.04 (Aggravated Kidnapping);
19	25		(C) Section 22.021 (Aggravated Sexual Assault);
20	26		(D) Section 22.03 (Deadly Assault on Law
21	27		Enforcement or Corrections Officer, Member or Employee of Board of
22	28		Pardons and Paroles, or Court Participant);
23	29		(E) Section 22.04 (Injury to a Child, Elderly
24	30		Individual, or Disabled Individual);
25	31		(F) Section 29.03 (Aggravated Robbery);
26	32		(G) Section 30.02 (Burglary);
27	33		(H) Section 71.02 (Engaging in Organized
28	34		Criminal Activity);
29	35		(I) Section 21.02 (Continuous Sexual Abuse of
30	36		Young Child or Children); [or]
31	37		(J) Section 20A.03 (Continuous Trafficking of
32	38		Persons); or
33	39		(K) Section 42.02 (Riot);
34	40		(2) is charged with a felony under Chapter 481, Health
35	41		and Safety Code, or Section 485.033, Health and Safety Code,
36	42		punishable by imprisonment for a minimum term or by a maximum fine
37	43		that is more than a minimum term or maximum fine for a first degree
38	44		felony; or
39	45		(3) does not submit to testing for the presence of a
40	46		controlled substance in the defendant's body as requested by the
41	47		court or magistrate under Subsection (c) of this article or submits
42	48		to testing and the test shows evidence of the presence of a
43	49		controlled substance in the defendant's body.
44	50		SECTION 2. Article 17.033, Code of Criminal Procedure, is
45	51		amended by adding Subsection (e) to read as follows:
46	52		(e) Notwithstanding the time limits imposed by Subsections
47	53		(a) and (b), a person who is arrested without a warrant for an
48	54		alleged violation of Section 42.02, Penal Code, and who is detained
49	55		in jail may not be released on bond before the earlier of:
50	56		(1) the day on which the court before whom the case is
51	57		pending is reasonably able to verify the person's:
52	58		(A) name;
53	59		(B) address of primary residence;
54	60		(C) driver's license number and state of
55	61		issuance, if any;
56	62		(D) place of employment, if any; and
57	63		(E) current enrollment at an institution of
58	64		higher education, if any; or
59	65		(2) the 72nd hour after the commencement of the
60	66		person's detention.
61	67		SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
62	68		Procedure, is amended by adding Article 42A.517 to read as follows:
63	69		Art. 42A.517. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
64	70		INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. A court
65	71		granting community supervision to a defendant convicted of an
66	72		offense punishable as a state jail felony under Section 42.03,
67	73		Penal Code, shall require as a condition of community supervision
68	74		that the defendant submit to not less than 10 days of confinement in
69	75		a county jail.
70	76		SECTION 4. Subchapter D, Chapter 12, Penal Code, is amended
71	77		by adding Section 12.501 to read as follows:
72	78		Sec. 12.501. PENALTY IF OFFENSE COMMITTED DURING A RIOT.
73	79		(a) In this section, "riot" has the meaning assigned by Section
74	80		42.02.
75	81		(b) Subject to Subsections (d) and (e), the punishment for
76	82		an offense listed under Subsection (c) is increased to the
77	83		punishment prescribed for the next higher category of offense if it
78	84		is shown on the trial of the offense that at the time of the offense
79	85		the actor was participating in a riot.
80	86		(c) The increase in punishment authorized by this section
81	87		applies only to an offense under:
82	88		(1) Section 22.01 (Assault);
83	89		(2) Section 28.02 (Arson);
84	90		(3) Section 28.03 (Criminal Mischief);
85	91		(4) Section 29.02 (Robbery);
86	92		(5) Section 30.02 (Burglary);
87	93		(6) Section 30.03 (Burglary of Coin-operated or Coin
88	94		Collection Machines);
89	95		(7) Section 30.04 (Burglary of Vehicles);
90	96		(8) Section 30.05 (Criminal Trespass);
91	97		(9) Section 31.03 (Theft); and
92	98		(10) Section 50.02 (Unlawful Use of Fireworks).
93	99		(d) If an offense listed under Subsection (c) is punishable
94	100		as a Class A misdemeanor after the application of Subsection (b),
95	101		the minimum term of confinement for the offense shall be no less
96	102		than 180 days.
97	103		(e) If an offense listed under Subsection (c) is punishable
98	104		as a felony of the first degree, the punishment of that offense may
99	105		not be increased under this section.
100		-	SECTION 5. Section 42.02, Penal Code, is amended by adding
101		-	Subsection (a-1) to read as follows:
102		-	(a-1) The term "riot" as defined by Subsection (a) does not
103		-	include an assemblage of seven or more persons gathering to
104		-	exercise their rights under the First Amendment to the United
105		-	States Constitution or Section 8, Article I, Texas Constitution,
106		-	unless those persons engage in conduct described by Subsection (a).
107		-	SECTION 6. Section 42.03(c), Penal Code, is amended to read
	106	+	SECTION 5. Section 42.03(c), Penal Code, is amended to read
108	107		as follows:
109	108		(c) An offense under this section is a Class B misdemeanor,
110	109		except that the offense is a state jail felony if, in committing the
111	110		offense, the actor knowingly:
112	111		(1) prevents the passage of an authorized emergency
113	112		vehicle, as defined by Section 541.201, Transportation Code, that
114	113		is operating the vehicle's emergency audible or visual signals; or
115	114		(2) obstructs access to a hospital licensed under
116	115		Chapter 241, Health and Safety Code, or other health care facility
117	116		that provides emergency medical care, as defined by Section
118	117		773.003, Health and Safety Code.
119		-	SECTION 7. Section 42.13, Penal Code, is amended by
	118	+	SECTION 6. Section 42.13, Penal Code, is amended by
120	119		amending Subsection (c) and adding Subsection (d) to read as
121	120		follows:
122	121		(c) An offense under this section is a Class C misdemeanor,
123	122		except that the offense is:
124	123		(1) a felony of the third degree if the conduct causes
125	124		bodily injury to the officer; or
126	125		(2) a felony of the first degree if the conduct causes
127	126		serious bodily injury to the officer.
128	127		(d) If conduct that constitutes an offense under this
129	128		section also constitutes an offense under any other law, the actor
130	129		may be prosecuted under this section or the other law, but not both.
131		-	SECTION 8. Title 10, Penal Code, is amended by adding
	130	+	SECTION 7. Title 10, Penal Code, is amended by adding
132	131		Chapter 50 to read as follows:
133	132		CHAPTER 50. FIREWORKS
134	133		Sec. 50.01. DEFINITIONS. In this chapter:
135	134		(1) "Consumer firework" and "fireworks" have the
136	135		meanings assigned by 49 C.F.R. Section 173.59.
137	136		(2) "Law enforcement officer" means a person who is a
138	137		peace officer under Article 2.12, Code of Criminal Procedure, or a
139	138		person who is a federal law enforcement officer, as defined by 5
140	139		U.S.C. Section 8331(20).
141	140		Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person
142	141		commits an offense if the person explodes or ignites fireworks with
143	142		the intent to:
144	143		(1) interfere with the lawful performance of an
145	144		official duty by a law enforcement officer; or
146	145		(2) flee from a person the actor knows is a law
147	146		enforcement officer attempting to lawfully arrest or detain the
148	147		actor.
149	148		(b) Except as provided by Subsections (c) and (d), an
150	149		offense under this section is a state jail felony.
151	150		(c) An offense under this section that involves any firework
152	151		that is not a consumer firework is a second degree felony.
153	152		(d) Notwithstanding Subsection (c), an offense under this
154	153		section is a felony of the first degree if the offense causes
155	154		serious bodily injury to a person the actor knows is a law
156	155		enforcement officer while the law enforcement officer is lawfully
157	156		discharging an official duty or in retaliation or on account of an
158	157		exercise of official power or performance of an official duty as a
159	158		law enforcement officer.
160	159		(e) If conduct constituting an offense under this section
161	160		also constitutes an offense under any other law, the actor may be
162	161		prosecuted under this section, the other law, or both.
163		-	SECTION 9. Articles 17.03 and 17.033, Code of Criminal
	162	+	SECTION 8. Articles 17.03 and 17.033, Code of Criminal
164	163		Procedure, as amended by this Act, apply only to a person who is
165	164		arrested on or after the effective date of this Act. A person
166	165		arrested before the effective date of this Act is governed by the
167	166		law in effect on the date the person was arrested, and the former
168	167		law is continued in effect for that purpose.
169		-	SECTION 10. Article 42A.517, Code of Criminal Procedure, as
	168	+	SECTION 9. Article 42A.517, Code of Criminal Procedure, as
170	169		added by this Act, Sections 12.501 and 50.02, Penal Code, as added
171		-	by this Act, and Sections 42.~~02, 42.~~03, and 42.13, Penal Code, as
172		-	~~amended by~~ this Act, apply only to an offense committed on or after
173		-	~~the~~ effective date of this Act. An offense committed before the
	170	+	by this Act, and Sections 42.03 and 42.13, Penal Code, as amended by
	171	+	this Act, apply only to an offense committed on or after the
	172	+	effective date of this Act. An offense committed before the
174	173		effective date of this Act is governed by the law in effect when the
175	174		offense was committed, and the former law is continued in effect for
176	175		that purpose. For purposes of this section, an offense was
177	176		committed before the effective date of this Act if any element of
178	177		the offense occurred before that date.
179		-	SECTION 11. This Act takes effect September 1, 2021.
	178	+	SECTION 10. This Act takes effect September 1, 2021.
	179	+	* * * * *