Bill Text: TX HB1684 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to pretrial procedures, conditions for community supervision, and criminal punishment for conduct endangering the public safety; creating a criminal offense and increasing criminal penalties.

Spectrum: Partisan Bill (Republican 59-0)

Status: (Introduced) 2021-03-09 - Referred to Criminal Jurisprudence [HB1684 Detail]

Download: Texas-2021-HB1684-Introduced.html
 
 
  By: Harless H.B. No. 1684
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to pretrial procedures, conditions for community
  supervision, and criminal punishment for conduct endangering the
  public safety; creating a criminal offense and increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.03(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  Only the court before whom the case is pending may
  release on personal bond a defendant who:
               (1)  is charged with an offense under the following
  sections of the Penal Code:
                     (A)  Section 19.03 (Capital Murder);
                     (B)  Section 20.04 (Aggravated Kidnapping);
                     (C)  Section 22.021 (Aggravated Sexual Assault);
                     (D)  Section 22.03 (Deadly Assault on Law
  Enforcement or Corrections Officer, Member or Employee of Board of
  Pardons and Paroles, or Court Participant);
                     (E)  Section 22.04 (Injury to a Child, Elderly
  Individual, or Disabled Individual);
                     (F)  Section 29.03 (Aggravated Robbery);
                     (G)  Section 30.02 (Burglary);
                     (H)  Section 71.02 (Engaging in Organized
  Criminal Activity);
                     (I)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Children); [or]
                     (J)  Section 20A.03 (Continuous Trafficking of
  Persons); or
                     (K)  Section 42.02 (Riot);
               (2)  is charged with a felony under Chapter 481, Health
  and Safety Code, or Section 485.033, Health and Safety Code,
  punishable by imprisonment for a minimum term or by a maximum fine
  that is more than a minimum term or maximum fine for a first degree
  felony; or
               (3)  does not submit to testing for the presence of a
  controlled substance in the defendant's body as requested by the
  court or magistrate under Subsection (c) of this article or submits
  to testing and the test shows evidence of the presence of a
  controlled substance in the defendant's body.
         SECTION 2.  Article 17.033, Code of Criminal Procedure, is
  amended by adding Subsection (e) to read as follows:
         (e)  Notwithstanding the time limits imposed by Subsections
  (a) and (b), a person who is arrested without a warrant for an
  alleged violation of Section 42.02, Penal Code, and who is detained
  in jail may not be released on bond before the earlier of:
               (1)  the day on which the court before whom the case is
  pending is reasonably able to verify the person's:
                     (A)  name;
                     (B)  address of primary residence;
                     (C)  driver's license number and state of
  issuance, if any;
                     (D)  place of employment, if any; and
                     (E)  current enrollment at an institution of
  higher education, if any; or
               (2)  the fifteenth day after the commencement of the
  person's detention.
         SECTION 3.  Subchapter K, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.517 to read as follows:
         Art. 42A.517.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
  INVOLVING OBSTRUCTION OF HIGHWAY OR OTHER PASSAGEWAY. A court
  granting community supervision to a defendant convicted of an
  offense punishable as a state jail felony under Section 42.03,
  Penal Code, shall require as a condition of community supervision
  that the defendant submit to not less than 10 days of confinement in
  a county jail.
         SECTION 4.  Subchapter D, Chapter 12, Penal Code, is amended
  by adding Section 12.501 to read as follows:
         Sec. 12.501.  PENALTY IF OFFENSE COMMITTED DURING A RIOT.
  (a) In this section, "riot" has the meaning assigned by Section
  42.02.
         (b)  Subject to Subsections (d) and (e), the punishment for
  an offense listed under Subsection (c) is increased to the
  punishment prescribed for the next higher category of offense if it
  is shown on the trial of the offense that at the time of the offense
  the actor was participating in a riot.
         (c)  The increase in punishment authorized by this section
  applies only to an offense under:
               (1)  Section 22.01 (Assault);
               (2)  Section 28.02 (Arson);
               (3)  Section 28.03 (Criminal Mischief);
               (4)  Section 29.02 (Robbery);
               (5)  Section 30.02 (Burglary);
               (6)  Section 30.03 (Burglary of Coin-operated or Coin
  Collection Machines);
               (7)  Section 30.04 (Burglary of Vehicles);
               (8)  Section 30.05 (Criminal Trespass);
               (9)  Section 31.03 (Theft); and
               (10)  Section 50.02 (Unlawful Use of Fireworks).
         (d)  If an offense listed under Subsection (c) is punishable
  as a Class A misdemeanor after the application of Subsection (b),
  the minimum term of confinement for the offense shall be no less
  than 180 days.
         (e)  If an offense listed under Subsection (c) is punishable
  as a felony of the first degree, the punishment of that offense may
  not be increased under this section.
         SECTION 5.  Section 42.03(c), Penal Code, is amended to read
  as follows:
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is a state jail felony if, in committing the
  offense, the actor knowingly:
               (1)  prevents the passage of an authorized emergency
  vehicle, as defined by Section 541.201, Transportation Code, that
  is operating the vehicle's emergency audible or visual signals; or
               (2)  obstructs access to a hospital licensed under
  Chapter 241, Health and Safety Code, or other health care facility
  that provides emergency medical care, as defined by Section
  773.003, Health and Safety Code.
         SECTION 6.  Section 42.13, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  An offense under this section is a Class C misdemeanor,
  except that the offense is:
               (1)  a felony of the third degree if the conduct causes
  bodily injury to the officer; or
               (2)  a felony of the first degree if the conduct causes
  serious bodily injury to the officer.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law, but not both.
         SECTION 7.  Title 10, Penal Code, is amended by adding
  Chapter 50 to read as follows:
  CHAPTER 50. FIREWORKS
         Sec. 50.01.  DEFINITIONS. In this chapter:
               (1)  "Consumer firework" and "fireworks" have the
  meanings assigned by 49 C.F.R. Section 173.59.
               (2)  "Law enforcement officer" means a person who is a
  peace officer under Article 2.12, Code of Criminal Procedure, or a
  person who is a federal law enforcement officer, as defined by 5
  U.S.C. Section 8331(20).
         Sec. 50.02.  UNLAWFUL USE OF FIREWORKS. (a) A person commits
  an offense if the person explodes or ignites fireworks with the
  intent to:
               (1)  interfere with the lawful performance of an
  official duty by a law enforcement officer; or
               (2)  flee from a person the actor knows is a law
  enforcement officer attempting to lawfully arrest or detain the
  actor.
         (b)  Except as provided by Subsections (c) and (d), an
  offense under this section is a state jail felony.
         (c)  An offense under this section that involves any firework
  that is not a consumer firework is a second degree felony.
         (d)  Notwithstanding Subsection (c), an offense under this
  section is a felony of the first degree if the offense causes
  serious bodily injury to a person the actor knows is a law
  enforcement officer while the law enforcement officer is lawfully
  discharging an official duty or in retaliation or on account of an
  exercise of official power or performance of an official duty as a
  law enforcement officer.
         (e)  If conduct constituting an offense under this section
  also constitutes an offense under any other law, the actor may be
  prosecuted under this section, the other law, or both.
         SECTION 8.  Articles 17.03 and 17.033, Code of Criminal
  Procedure, as amended by this Act, apply only to a person who is
  arrested on or after the effective date of this Act. A person
  arrested before the effective date of this Act is governed by the
  law in effect on the date the person was arrested, and the former
  law is continued in effect for that purpose.
         SECTION 9.  Article 42A.517, Code of Criminal Procedure, as
  added by this Act, Sections 12.501 and 50.02, Penal Code, as added
  by this Act, and Sections 42.03 and 42.13, Penal Code, as amended by
  this Act, apply 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 when 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 occurred before that date.
         SECTION 10.  This Act takes effect September 1, 2021.
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