| 1 | 1 | | 88R11083 MZM-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 4124 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offenses of terroristic threat |
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| 8 | 8 | | and unlawful possession of a firearm; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22.07, Penal Code, is amended by adding |
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| 11 | 11 | | Subsections (a-1) and (e-1) to read as follows: |
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| 12 | 12 | | (a-1) A person commits an offense if the person knowingly |
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| 13 | 13 | | sends a written message, including a text message, e-mail, social |
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| 14 | 14 | | media post, or other similar communication, to another: |
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| 15 | 15 | | (1) in which the actor threatens to cause bodily |
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| 16 | 16 | | injury to another person, including a threat to commit a mass |
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| 17 | 17 | | shooting or other act of terrorism; and |
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| 18 | 18 | | (2) that would cause a reasonable person to fear that |
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| 19 | 19 | | the actor might cause bodily injury to another. |
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| 20 | 20 | | (e-1) An offense under Subsection (a-1) is a Class A |
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| 21 | 21 | | misdemeanor. |
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| 22 | 22 | | SECTION 2. Section 46.04(b), Penal Code, is amended to read |
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| 23 | 23 | | as follows: |
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| 24 | 24 | | (b) A person who has been convicted of an offense under |
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| 25 | 25 | | Section 22.01, punishable as a Class A misdemeanor and involving a |
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| 26 | 26 | | member of the person's family or household, or an offense under |
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| 27 | 27 | | Section 22.07(a-1), commits an offense if the person possesses a |
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| 28 | 28 | | firearm before the fifth anniversary of the later of: |
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| 29 | 29 | | (1) the date of the person's release from confinement |
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| 30 | 30 | | following conviction of an offense described by this subsection |
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| 31 | 31 | | [the misdemeanor]; or |
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| 32 | 32 | | (2) the date of the person's release from community |
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| 33 | 33 | | supervision following conviction of an offense described by this |
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| 34 | 34 | | subsection [the misdemeanor]. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect on the date the offense was committed, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. For |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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