Texas 2021 - 87th Regular

Texas Senate Bill SB2139 Compare Versions

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

Old	New	Differences
1	1	By: Blanco S.B. No. 2139
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to criminal offenses related to mass violence; creating
7	7	criminal offenses; changing the eligibility for community
8	8	supervision; creating a grant program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 18A.101, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
13	13	ISSUED. A judge of competent jurisdiction may issue an
14	14	interception order only if the prosecutor applying for the order
15	15	shows probable cause to believe that the interception will provide
16	16	evidence of the commission of:
17	17	(1) a felony under any of the following provisions of
18	18	the Health and Safety Code:
19	19	(A) Chapter 481, other than felony possession of
20	20	marihuana;
21	21	(B) Chapter 483; or
22	22	(C) Section 485.032;
23	23	(2) an offense under any of the following provisions
24	24	of the Penal Code:
25	25	(A) Section 19.02;
26	26	(B) Section 19.03;
27	27	(C) Section 20.03;
28	28	(D) Section 20.04;
29	29	(E) Chapter 20A;
30	30	(F) Chapter 23;
31	31	(G) Chapter 34, if the criminal activity giving
32	32	rise to the proceeds involves the commission of an offense under
33	33	Title 5, Penal Code, or an offense under federal law or the laws of
34	34	another state containing elements that are substantially similar to
35	35	the elements of an offense under Title 5;
36	36	(H) [(G)] Section 38.11;
37	37	(I) [(H)] Section 43.04;
38	38	(J) [(I)] Section 43.041;
39	39	(K) [(J)] Section 43.05; or
40	40	(L) [(K)] Section 43.26; or
41	41	(3) an attempt, conspiracy, or solicitation to commit
42	42	an offense listed in Subdivision (1) or (2).
43	43	SECTION 2. Article 42A.054(a), Code of Criminal Procedure,
44	44	is amended to read as follows:
45	45	(a) Article 42A.053 does not apply to a defendant adjudged
46	46	guilty of an offense under:
47	47	(1) Section 15.03, Penal Code, if the offense is
48	48	punishable as a felony of the first degree;
49	49	(2) Section 19.02, Penal Code (Murder);
50	50	(3) Section 19.03, Penal Code (Capital Murder);
51	51	(4) Section 20.04, Penal Code (Aggravated
52	52	Kidnapping);
53	53	(5) Section 20A.02, Penal Code (Trafficking of
54	54	Persons);
55	55	(6) Section 20A.03, Penal Code (Continuous
56	56	Trafficking of Persons);
57	57	(7) Section 21.11, Penal Code (Indecency with a
58	58	Child);
59	59	(8) Section 22.011, Penal Code (Sexual Assault);
60	60	(9) Section 22.021, Penal Code (Aggravated Sexual
61	61	Assault);
62	62	(10) Section 22.04(a)(1), Penal Code (Injury to a
63	63	Child, Elderly Individual, or Disabled Individual), if:
64	64	(A) the offense is punishable as a felony of the
65	65	first degree; and
66	66	(B) the victim of the offense is a child;
67	67	(11) Section 23.01, Penal Code (Mass Violence);
68	68	(12) Section 23.02, Penal Code (Mass Violence: False
69	69	Statement);
70	70	(13) Section 29.03, Penal Code (Aggravated Robbery);
71	71	(14) [(12)] Section 30.02, Penal Code (Burglary), if:
72	72	(A) the offense is punishable under Subsection
73	73	(d) of that section; and
74	74	(B) the actor committed the offense with the
75	75	intent to commit a felony under Section 21.02, 21.11, 22.011,
76	76	22.021, or 25.02, Penal Code;
77	77	(15) [(13)] Section 43.04, Penal Code (Aggravated
78	78	Promotion of Prostitution);
79	79	(16) [(14)] Section 43.05, Penal Code (Compelling
80	80	Prostitution);
81	81	(17) [(15)] Section 43.25, Penal Code (Sexual
82	82	Performance by a Child); or
83	83	(18) [(16)] Chapter 481, Health and Safety Code, for
84	84	which punishment is increased under:
85	85	(A) Section 481.140 of that code (Use of Child in
86	86	Commission of Offense); or
87	87	(B) Section 481.134(c), (d), (e), or (f) of that
88	88	code (Drug-free Zones) if it is shown that the defendant has been
89	89	previously convicted of an offense for which punishment was
90	90	increased under any of those subsections.
91	91	SECTION 3. Title 5, Penal Code, is amended by adding Chapter
92	92	23 to read as follows:
93	93	CHAPTER 23. MASS VIOLENCE
94	94	Sec. 23.01. MASS VIOLENCE. (a) A person commits an offense
95	95	if, during the same criminal transaction or pursuant to the same
96	96	scheme or course of conduct:
97	97	(1) the person uses a deadly weapon to commit
98	98	aggravated assault as defined under Section 22.02(a)(1) or to
99	99	commit murder as defined under Section 19.02(b)(1); and
100	100	(2) four or more people suffer serious bodily injury
101	101	or death as a result of the person's conduct.
102	102	(b) An offense under Subsection (a) is a capital felony,
103	103	except that the offense under Subsection (a) is a felony of the
104	104	first degree if the offense resulted only in serious bodily injury.
105	105	(c) A person commits an offense if the person intentionally
106	106	or knowingly takes two or more substantial steps of preparation
107	107	that, in concert, would cause a reasonable person to believe that
108	108	the person intends to commit an offense under Subsection (a).
109	109	(d) An offense under Subsection (c) is a felony of the third
110	110	degree.
111	111	Sec. 23.02. MASS VIOLENCE: FALSE STATEMENT. (a) A person
112	112	commits an offense if the person intentionally or knowingly conveys
113	113	information to another person:
114	114	(1) that the actor knows to be false or misleading;
115	115	(2) in a manner that would cause a reasonable person to
116	116	believe that the information is true; and
117	117	(3) that indicates that an offense under Section
118	118	23.01(a) has been or will be committed.
119	119	(b) An offense under this section is a state jail felony.
120	120	(c) It is an affirmative defense to prosecution under this
121	121	section that at the time of the offense the actor was a peace
122	122	officer or federal special investigator engaged in the actual
123	123	discharge of the officer's or investigator's duties.
124	124	Sec. 23.03. MASS VIOLENCE: MATERIAL SUPPORT OR RESOURCES.
125	125	(a) In this section, "material support or resources" means any
126	126	property, service, or personnel.
127	127	(b) A person commits an offense if the person solicits or
128	128	acquires material support or resources while intending or knowing
129	129	that the material support or resources will be used to further the
130	130	commission of an offense under Section 23.01(a).
131	131	(c) A person commits an offense if the person, while
132	132	intending or knowing that the material support or resources will be
133	133	used to further the commission of an offense under Section
134	134	23.01(a):
135	135	(1) provides material support or resources to a
136	136	person; or
137	137	(2) conceals or disguises the nature, location, or
138	138	ownership of material support or resources.
139	139	(d) An offense under this section is a felony of the third
140	140	degree, except that the offense is a felony of the second degree if
141	141	the offense or the attempt to commit an offense under Section
142	142	23.01(a) resulted in the serious bodily injury or death of a person.
143	143	Sec. 23.04. APPLICABILITY OF OTHER LAW. If conduct that
144	144	constitutes an offense under this chapter also constitutes an
145	145	offense under other law, the actor may be prosecuted under the
146	146	applicable section of this chapter, the other law, or both.
147	147	SECTION 4. Section 38.05, Penal Code, is amended by
148	148	amending Subsection (c) and adding Subsection (e) to read as
149	149	follows:
150	150	(c) Except as provided by Subsections [Subsection] (d) and
151	151	(e), an offense under this section is a Class A misdemeanor.
152	152	(e) If the person who is harbored, concealed, provided with
153	153	a means of avoiding arrest or effecting escape, or warned of
154	154	discovery or apprehension is under arrest for, charged with, or
155	155	convicted of an offense or an attempt to commit an offense under
156	156	Section 23.01(a):
157	157	(1) an offense under this section is a felony of the
158	158	second degree if the offense or attempted offense under Section
159	159	23.01(a) did not result in the serious bodily injury or death of a
160	160	person; and
161	161	(2) an offense under this section is a felony of the
162	162	first degree if the offense or attempted offense under Section
163	163	23.01(a) resulted in the serious bodily injury or death of a person.
164	164	Section 5. Subchapter A, Chapter 772, Government Code, is
165	165	amended by adding Section 772.0077 to read as follows:
166	166	Sec. 772.0077. PROSECUTION OF MASS VIOLENCE GRANT PROGRAM.
167	167	(a) In this section:
168	168	(1) "Criminal justice division" means the criminal
169	169	justice division established under Section 772.006.
170	170	(2) "Mass violence" means any offense for which,
171	171	during the same criminal transaction or pursuant to the same scheme
172	172	or course of conduct, a person uses a deadly weapon to commit
173	173	aggravated assault as defined under Section 22.02(a)(1) or to
174	174	commit murder as defined under Section 19.02(b)(1), Penal Code, and
175	175	four or more people suffer serious bodily injury or death as a
176	176	result of the person's conduct
177	177	(3) "Eligible prosecuting attorney" means a district
178	178	attorney, criminal district attorney, or county attorney with
179	179	felony criminal jurisdiction.
180	180	(4) "Serious Bodily injury" has the meaning assigned
181	181	by Section 1.07, Penal Code.
182	182	(b) The criminal justice division shall establish and
183	183	administer a grant program through which counties and judicial
184	184	districts that operate an eligible prosecuting attorney's office
185	185	may apply for a grant to support the prosecution of mass violence in
186	186	a county or counties under the jurisdiction of the attorney.
187	187	(c) The criminal justice division shall establish:
188	188	(1) additional eligibility criteria for grant
189	189	applicants;
190	190	(2) grant application procedures;
191	191	(3) guidelines relating to grant amounts;
192	192	(4) procedures for evaluating grant applications; and
193	193	(5) procedures for monitoring the use of a grant
194	194	awarded under the program and ensuring compliance with any
195	195	conditions of a grant.
196	196	(d) The criminal justice division shall include in the
197	197	biennial report required by Section 772.006(a)(9) a detailed
198	198	reporting of the results and performance of the grant program
199	199	administered under this section.
200	200	SECTION 6. The changes in law made by this Act apply only to
201	201	an offense committed on or after the effective date of this Act. An
202	202	offense committed before the effective date of this Act is governed
203	203	by the law in effect on the date the offense was committed, and the
204	204	former law is continued in effect for that purpose. For purposes of
205	205	this section, an offense was committed before the effective date of
206	206	this Act if any element of the offense occurred before that date.
207	207	SECTION 7. This Act takes effect immediately if it receives
208	208	a vote of two-thirds of all the members elected to each house, as
209	209	provided by Section 39, Article III, Texas Constitution. If this
210	210	Act does not receive the vote necessary for immediate effect, this
211	211	Act takes effect September 1, 2021.