Texas 2023 - 88th Regular

Texas House Bill HB1028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5771 JSC-D
2	2	By: Rosenthal H.B. No. 1028
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to engaging in certain prohibited conduct with the intent
8	8	to intimidate or interfere with a person seeking or providing
9	9	health care services or attending an established place of religious
10	10	worship; increasing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 42.01(d), Penal Code, is amended to read
13	13	as follows:
14	14	(d) An offense under this section is a Class C misdemeanor,
15	15	except that the offense is a Class B misdemeanor if the offense was
16	16	[unless] committed:
17	17	(1) under Subsection (a)(7) or (a)(8); or
18	18	(2) under Subsection (a)(4), if the actor engaged in
19	19	the prohibited conduct with the intent to intimidate or interfere
20	20	with a person:
21	21	(A) seeking or providing health care services; or
22	22	(B) attending an established place of religious
23	23	worship[, in which event it is a Class B misdemeanor].
24	24	SECTION 2. Section 42.04, Penal Code, is amended by
25	25	amending Subsections (a) and (c) and adding Subsection (d) to read
26	26	as follows:
27	27	(a) Except as provided by Subsection (d), if [If] conduct
28	28	that would otherwise violate Section 42.01(a)(5) (Unreasonable
29	29	Noise), 42.03 (Obstructing Passageway), or 42.055 (Funeral Service
30	30	Disruptions) consists of speech or other communication, of
31	31	gathering with others to hear or observe such speech or
32	32	communication, or of gathering with others to picket or otherwise
33	33	express in a nonviolent manner a position on social, economic,
34	34	political, or religious questions, the actor must be ordered to
35	35	move, disperse, or otherwise remedy the violation prior to his
36	36	arrest if he has not yet intentionally harmed the interests of
37	37	others which those sections seek to protect.
38	38	(c) Except as provided by Subsection (d), it [It] is a
39	39	defense to prosecution under Section 42.01(a)(5), 42.03, or 42.055:
40	40	(1) that in circumstances in which this section
41	41	requires an order no order was given;
42	42	(2) that an order, if given, was manifestly
43	43	unreasonable in scope; or
44	44	(3) that an order, if given, was promptly obeyed.
45	45	(d) An order under Subsection (a) is not required, and the
46	46	defense provided under Subsection (c) does not apply, in the
47	47	prosecution of an offense under Section 42.03 if the actor engaged
48	48	in the prohibited conduct:
49	49	(1) with respect to the entry of a health care facility
50	50	or established place of religious worship; and
51	51	(2) with the intent to intimidate or interfere with a
52	52	person seeking or providing health care services at the facility or
53	53	attending the place of worship, as applicable.
54	54	SECTION 3. The change in law made by this Act applies only
55	55	to an offense committed on or after the effective date of this Act.
56	56	An offense committed before the effective date of this Act is
57	57	governed by the law in effect on the date the offense was committed,
58	58	and the former law is continued in effect for that purpose. For
59	59	purposes of this section, an offense was committed before the
60	60	effective date of this Act if any element of the offense occurred
61	61	before that date.
62	62	SECTION 4. This Act takes effect September 1, 2023.