| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to increasing the criminal penalty for certain conduct |
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| 8 | 7 | | engaged in while participating in a riot and to restitution for |
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| 9 | 8 | | property damage resulting from participating in a riot. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 42.02, Penal Code, is amended by |
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| 12 | 11 | | amending Subsections (a) and (e) and adding Subsections (a-1), (g), |
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| 13 | 12 | | and (h) to read as follows: |
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| 14 | 13 | | (a) In [For the purpose of] this section: |
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| 15 | 14 | | (1) "First responder" has the meaning assigned by |
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| 16 | 15 | | Section 421.095, Government Code. |
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| 17 | 16 | | (2) "Riot"[, "riot"] means the assemblage of seven or |
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| 18 | 17 | | more persons resulting in conduct which: |
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| 19 | 18 | | (A) [(1)] creates an immediate danger of damage |
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| 20 | 19 | | to property or injury to persons; |
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| 21 | 20 | | (B) [(2)] substantially obstructs law |
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| 22 | 21 | | enforcement or other governmental functions or services; or |
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| 23 | 22 | | (C) [(3)] by force, threat of force, or physical |
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| 24 | 23 | | action deprives any person of a legal right or disturbs any person |
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| 25 | 24 | | in the enjoyment of a legal right. |
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| 26 | 25 | | (a-1) The term "riot" as defined by Subsection (a) does not |
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| 27 | 26 | | include an assemblage of seven or more persons gathering in the |
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| 28 | 27 | | exercise of their rights under the First Amendment to the United |
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| 29 | 28 | | States Constitution unless those persons engage in conduct |
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| 30 | 29 | | described by Subsections (a)(2)(A)-(C). |
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| 31 | 30 | | (e) Except as provided by Subsections [in Subsection] (f) |
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| 32 | 31 | | and (g), an offense under this section is a Class B misdemeanor. |
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| 33 | 32 | | (g) An offense under this section is a state jail felony if |
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| 34 | 33 | | it is shown on the trial of the offense that the actor, while |
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| 35 | 34 | | participating in the riot, knowingly committed or attempted to |
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| 36 | 35 | | commit an offense under Section 22.01(a)(1) or (3) against a person |
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| 37 | 36 | | the actor knew was a first responder while the person was performing |
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| 38 | 37 | | a duty as a first responder. |
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| 39 | 38 | | (h) For purposes of Subsection (g), the actor is presumed to |
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| 40 | 39 | | have known the person was a first responder if the person was |
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| 41 | 40 | | wearing a distinctive uniform or badge indicating the person's |
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| 42 | 41 | | status as a first responder. |
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| 43 | 42 | | SECTION 2. Article 42.037, Code of Criminal Procedure, is |
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| 44 | 43 | | amended by adding Subsection (w) to read as follows: |
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| 45 | 44 | | (w) The court shall order a defendant convicted of an |
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| 46 | 45 | | offense under Section 42.02, Penal Code, to make restitution for |
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| 47 | 46 | | any damage to or loss or destruction of property by reimbursing the |
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| 48 | 47 | | owner of the property for the cost of restoring or replacing the |
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| 49 | 48 | | property. |
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| 50 | 49 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 50 | | to an offense committed on or after the effective date of this Act. |
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| 52 | 51 | | An offense committed before the effective date of this Act is |
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| 53 | 52 | | governed by the law in effect on the date the offense was committed, |
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| 54 | 53 | | and the former law is continued in effect for that purpose. For |
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| 55 | 54 | | purposes of this section, an offense was committed before the |
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| 56 | 55 | | effective date of this Act if any element of the offense was |
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| 57 | 56 | | committed before that date. |
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| 58 | 57 | | SECTION 4. This Act takes effect September 1, 2021. |
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