By: Buckingham, et al. S.B. No. 912
(Slawson)
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain conduct
engaged in while participating in a riot and to restitution for
property damage resulting from participating in a riot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.02, Penal Code, is amended by
amending Subsections (a) and (e) and adding Subsections (a-1), (g),
and (h) to read as follows:
(a) In [For the purpose of] this section:
(1) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(2) "Riot"[, "riot"] means the assemblage of seven or
more persons resulting in conduct which:
(A) [(1)] creates an immediate danger of damage
to property or injury to persons;
(B) [(2)] substantially obstructs law
enforcement or other governmental functions or services; or
(C) [(3)] by force, threat of force, or physical
action deprives any person of a legal right or disturbs any person
in the enjoyment of a legal right.
(a-1) The term "riot" as defined by Subsection (a) does not
include an assemblage of seven or more persons gathering in the
exercise of their rights under the First Amendment to the United
States Constitution unless those persons engage in conduct
described by Subsections (a)(2)(A)-(C).
(e) Except as provided by Subsections [in Subsection] (f)
and (g), an offense under this section is a Class B misdemeanor.
(g) An offense under this section is a state jail felony if
it is shown on the trial of the offense that the actor, while
participating in the riot, knowingly committed or attempted to
commit an offense under Section 22.01(a)(1) or (3) against a person
the actor knew was a first responder while the person was performing
a duty as a first responder.
(h) For purposes of Subsection (g), the actor is presumed to
have known the person was a first responder if the person was
wearing a distinctive uniform or badge indicating the person's
status as a first responder.
SECTION 2. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (w) to read as follows:
(w) The court shall order a defendant convicted of an
offense under Section 42.02, Penal Code, to make restitution for
any damage to or loss or destruction of property by reimbursing the
owner of the property for the cost of restoring or replacing the
property.
SECTION 3. The change in law made by this Act applies 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 was
committed before that date.
SECTION 4. This Act takes effect September 1, 2021.