By: Blanco S.B. No. 2139
A BILL TO BE ENTITLED
AN ACT
relating to criminal offenses related to mass violence; creating
criminal offenses; changing the eligibility for community
supervision; creating a grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18A.101, Code of Criminal Procedure, is
amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481, other than felony possession of
marihuana;
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 23;
(G) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(H) [(G)] Section 38.11;
(I) [(H)] Section 43.04;
(J) [(I)] Section 43.041;
(K) [(J)] Section 43.05; or
(L) [(K)] Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 2. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 23.01, Penal Code (Mass Violence);
(12) Section 23.02, Penal Code (Mass Violence: False
Statement);
(13) Section 29.03, Penal Code (Aggravated Robbery);
(14) [(12)] Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(15) [(13)] Section 43.04, Penal Code (Aggravated
Promotion of Prostitution);
(16) [(14)] Section 43.05, Penal Code (Compelling
Prostitution);
(17) [(15)] Section 43.25, Penal Code (Sexual
Performance by a Child); or
(18) [(16)] Chapter 481, Health and Safety Code, for
which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections.
SECTION 3. Title 5, Penal Code, is amended by adding Chapter
23 to read as follows:
CHAPTER 23. MASS VIOLENCE
Sec. 23.01. MASS VIOLENCE. (a) A person commits an offense
if, during the same criminal transaction or pursuant to the same
scheme or course of conduct:
(1) the person uses a deadly weapon to commit
aggravated assault as defined under Section 22.02(a)(1) or to
commit murder as defined under Section 19.02(b)(1); and
(2) four or more people suffer serious bodily injury
or death as a result of the person's conduct.
(b) An offense under Subsection (a) is a capital felony,
except that the offense under Subsection (a) is a felony of the
first degree if the offense resulted only in serious bodily injury.
(c) A person commits an offense if the person intentionally
or knowingly takes two or more substantial steps of preparation
that, in concert, would cause a reasonable person to believe that
the person intends to commit an offense under Subsection (a).
(d) An offense under Subsection (c) is a felony of the third
degree.
Sec. 23.02. MASS VIOLENCE: FALSE STATEMENT. (a) A person
commits an offense if the person intentionally or knowingly conveys
information to another person:
(1) that the actor knows to be false or misleading;
(2) in a manner that would cause a reasonable person to
believe that the information is true; and
(3) that indicates that an offense under Section
23.01(a) has been or will be committed.
(b) An offense under this section is a state jail felony.
(c) It is an affirmative defense to prosecution under this
section that at the time of the offense the actor was a peace
officer or federal special investigator engaged in the actual
discharge of the officer's or investigator's duties.
Sec. 23.03. MASS VIOLENCE: MATERIAL SUPPORT OR RESOURCES.
(a) In this section, "material support or resources" means any
property, service, or personnel.
(b) A person commits an offense if the person solicits or
acquires material support or resources while intending or knowing
that the material support or resources will be used to further the
commission of an offense under Section 23.01(a).
(c) A person commits an offense if the person, while
intending or knowing that the material support or resources will be
used to further the commission of an offense under Section
23.01(a):
(1) provides material support or resources to a
person; or
(2) conceals or disguises the nature, location, or
ownership of material support or resources.
(d) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the offense or the attempt to commit an offense under Section
23.01(a) resulted in the serious bodily injury or death of a person.
Sec. 23.04. APPLICABILITY OF OTHER LAW. If conduct that
constitutes an offense under this chapter also constitutes an
offense under other law, the actor may be prosecuted under the
applicable section of this chapter, the other law, or both.
SECTION 4. Section 38.05, Penal Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by Subsections [Subsection] (d) and
(e), an offense under this section is a Class A misdemeanor.
(e) If the person who is harbored, concealed, provided with
a means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of an offense or an attempt to commit an offense under
Section 23.01(a):
(1) an offense under this section is a felony of the
second degree if the offense or attempted offense under Section
23.01(a) did not result in the serious bodily injury or death of a
person; and
(2) an offense under this section is a felony of the
first degree if the offense or attempted offense under Section
23.01(a) resulted in the serious bodily injury or death of a person.
Section 5. Subchapter A, Chapter 772, Government Code, is
amended by adding Section 772.0077 to read as follows:
Sec. 772.0077. PROSECUTION OF MASS VIOLENCE GRANT PROGRAM.
(a) In this section:
(1) "Criminal justice division" means the criminal
justice division established under Section 772.006.
(2) "Mass violence" means any offense for which,
during the same criminal transaction or pursuant to the same scheme
or course of conduct, a person uses a deadly weapon to commit
aggravated assault as defined under Section 22.02(a)(1) or to
commit murder as defined under Section 19.02(b)(1), Penal Code, and
four or more people suffer serious bodily injury or death as a
result of the person's conduct
(3) "Eligible prosecuting attorney" means a district
attorney, criminal district attorney, or county attorney with
felony criminal jurisdiction.
(4) "Serious Bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(b) The criminal justice division shall establish and
administer a grant program through which counties and judicial
districts that operate an eligible prosecuting attorney's office
may apply for a grant to support the prosecution of mass violence in
a county or counties under the jurisdiction of the attorney.
(c) The criminal justice division shall establish:
(1) additional eligibility criteria for grant
applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
conditions of a grant.
(d) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) a detailed
reporting of the results and performance of the grant program
administered under this section.
SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.