| 1 | 1 | | 88R7833 EAS-D |
|---|
| 2 | 2 | | By: Paxton S.B. No. 2020 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the creation of the criminal offense of mass |
|---|
| 8 | 8 | | terroristic threat and to the establishment of the task force on |
|---|
| 9 | 9 | | mass violence prevention. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
|---|
| 12 | 12 | | Section 22.071 to read as follows: |
|---|
| 13 | 13 | | Sec. 22.071. MASS TERRORISTIC THREAT. (a) A person commits |
|---|
| 14 | 14 | | an offense if the person threatens to cause mass violence to a |
|---|
| 15 | 15 | | person or property with the intent to intimidate or induce fear |
|---|
| 16 | 16 | | through the infliction of serious bodily injury on: |
|---|
| 17 | 17 | | (1) more than one specific person; or |
|---|
| 18 | 18 | | (2) the public or a substantial group of the public. |
|---|
| 19 | 19 | | (b) An offense under this section is a felony of the third |
|---|
| 20 | 20 | | degree. |
|---|
| 21 | 21 | | (c) If conduct that constitutes an offense under this |
|---|
| 22 | 22 | | section also constitutes an offense under any other law, the actor |
|---|
| 23 | 23 | | may be prosecuted under this section, the other law, or both. |
|---|
| 24 | 24 | | SECTION 2. (a) In this section, "department" means the |
|---|
| 25 | 25 | | Department of Public Safety of the State of Texas. |
|---|
| 26 | 26 | | (b) The task force on mass violence prevention is |
|---|
| 27 | 27 | | established to evaluate the policies and practices regarding the |
|---|
| 28 | 28 | | interaction between law enforcement agencies and the mental health |
|---|
| 29 | 29 | | system in relation to incidents of mass violence in this state. |
|---|
| 30 | 30 | | (c) The task force is composed of the public safety director |
|---|
| 31 | 31 | | of the department or the director's designee and the following |
|---|
| 32 | 32 | | members appointed by the director: |
|---|
| 33 | 33 | | (1) a representative of the Health and Human Services |
|---|
| 34 | 34 | | Commission; |
|---|
| 35 | 35 | | (2) a representative of the Texas Judicial Commission |
|---|
| 36 | 36 | | on Mental Health; |
|---|
| 37 | 37 | | (3) a representative of the Texas Council of Community |
|---|
| 38 | 38 | | Centers; |
|---|
| 39 | 39 | | (4) a representative of the Sheriffs' Association of |
|---|
| 40 | 40 | | Texas; and |
|---|
| 41 | 41 | | (5) a qualified forensic mental health expert |
|---|
| 42 | 42 | | certified in the evaluation of mass violence. |
|---|
| 43 | 43 | | (d) The public safety director of the department shall |
|---|
| 44 | 44 | | designate a member of the task force to serve as the presiding |
|---|
| 45 | 45 | | officer. |
|---|
| 46 | 46 | | (e) The department shall provide reasonably necessary |
|---|
| 47 | 47 | | administrative and technical support to the task force. |
|---|
| 48 | 48 | | (f) The department may accept gifts, grants, or donations on |
|---|
| 49 | 49 | | behalf of the task force to carry out the task force's duties under |
|---|
| 50 | 50 | | this section. |
|---|
| 51 | 51 | | (g) Chapter 2110, Government Code, does not apply to the |
|---|
| 52 | 52 | | task force. |
|---|
| 53 | 53 | | (h) Not later than December 1, 2024, the task force shall |
|---|
| 54 | 54 | | prepare and submit a written report on the task force's activities |
|---|
| 55 | 55 | | to the governor, the lieutenant governor, the speaker of the house |
|---|
| 56 | 56 | | of representatives, and each standing committee of the legislature |
|---|
| 57 | 57 | | with primary jurisdiction over criminal justice and mental health |
|---|
| 58 | 58 | | matters. The report must include legislative recommendations for: |
|---|
| 59 | 59 | | (1) standardizing protocols for the reporting of, |
|---|
| 60 | 60 | | reaction to, and mitigation of the threat of mass violence; |
|---|
| 61 | 61 | | (2) aligning and coordinating laws in this state to |
|---|
| 62 | 62 | | ensure a smooth transition between the criminal justice and mental |
|---|
| 63 | 63 | | health systems; and |
|---|
| 64 | 64 | | (3) reducing incidents of mass violence in this state. |
|---|
| 65 | 65 | | (i) The task force is abolished and this section expires |
|---|
| 66 | 66 | | September 1, 2025. |
|---|
| 67 | 67 | | SECTION 3. As soon as practicable after the effective date |
|---|
| 68 | 68 | | of this Act, the public safety director of the Department of Public |
|---|
| 69 | 69 | | Safety of the State of Texas shall appoint members to the task force |
|---|
| 70 | 70 | | on mass violence prevention as required by Section 2 of this Act. |
|---|
| 71 | 71 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|