Bill Text: TX HB3599 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to creating the criminal offenses of providing material support or resources to a foreign terrorist organization, engaging in terroristic activities, and threatened terroristic violence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Criminal Jurisprudence [HB3599 Detail]
Download: Texas-2021-HB3599-Introduced.html
87R9956 ADM-F | ||
By: Leach | H.B. No. 3599 |
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relating to creating the criminal offenses of providing material | ||
support or resources to a foreign terrorist organization, engaging | ||
in terroristic activities, and threatened terroristic violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. TERRORISM | ||
SECTION 1.01. The heading to Title 11, Penal Code, is | ||
amended to read as follows: | ||
TITLE 11. ORGANIZED CRIME AND TERRORISM | ||
SECTION 1.02. Title 11, Penal Code, is amended by adding | ||
Chapter 72 to read as follows: | ||
CHAPTER 72. TERRORISM | ||
Sec. 72.01. DEFINITIONS. In this chapter: | ||
(1) "Foreign terrorist organization" means an | ||
organization designated as a foreign terrorist organization under 8 | ||
U.S.C. Section 1189. | ||
(2) "Material support or resources" means any | ||
property, service, or personnel. | ||
(3) "Property" means: | ||
(A) real property; | ||
(B) tangible or intangible personal property, | ||
including anything severed from land; or | ||
(C) a document, including money, that represents | ||
or embodies anything of value. | ||
(4) "Service" includes: | ||
(A) labor and professional service; | ||
(B) telecommunication, public utility, or | ||
transportation service; | ||
(C) lodging, restaurant service, and | ||
entertainment; and | ||
(D) the supply of a motor vehicle or other | ||
property for use. | ||
Sec. 72.02. PROVIDING MATERIAL SUPPORT OR RESOURCES TO | ||
FOREIGN TERRORIST ORGANIZATION. (a) A person commits an offense if | ||
the person knowingly provides material support or resources to a | ||
foreign terrorist organization. | ||
(b) An offense under this section is a felony of the first | ||
degree. | ||
Sec. 72.03. ENGAGING IN TERRORISTIC ACTIVITIES. (a) A | ||
person commits an offense if the person, with intent to support or | ||
participate in the activities of a foreign terrorist organization, | ||
commits or conspires to commit one or more of the following: | ||
(1) kidnapping; | ||
(2) robbery; | ||
(3) arson; | ||
(4) trafficking of persons; | ||
(5) any felony offense under Chapter 31 or 32; | ||
(6) money laundering; | ||
(7) any unlawful manufacture, delivery, dispensation, | ||
or distribution of a controlled substance or dangerous drug that is | ||
punishable as a felony; | ||
(8) tampering with a witness; | ||
(9) tampering with or fabricating physical evidence; | ||
(10) tampering with a governmental record; or | ||
(11) hindering apprehension or prosecution. | ||
(b) Except as provided by Subsections (c) and (d), an | ||
offense under this section is one category higher than the most | ||
serious offense listed in Subsection (a) that was committed. | ||
(c) If the most serious offense listed in Subsection (a) | ||
that was committed is a felony of the first degree, an offense under | ||
this section is a felony of the first degree punishable by | ||
imprisonment in the Texas Department of Criminal Justice for life | ||
or for any term of not more than 99 years or less than 15 years. | ||
(d) If the most serious offense listed in Subsection (a) | ||
that was committed is described by Subsection (a)(10) or (11), an | ||
offense under this section is a felony of the third degree. | ||
Sec. 72.04. THREATENED TERRORISTIC VIOLENCE. (a) A person | ||
commits an offense if the person threatens to commit any offense | ||
involving violence to any person or property with intent to: | ||
(1) cause impairment or interruption of public | ||
communications, public transportation, or public water, gas, or | ||
power supply or other public service; | ||
(2) place the public or a substantial group of the | ||
public in fear of serious bodily injury; | ||
(3) influence the conduct or activities of a branch or | ||
agency of the federal government, the state, or a political | ||
subdivision of the state; or | ||
(4) prevent access to or use of a building owned or | ||
controlled by the federal government, the state, or a political | ||
subdivision of the state. | ||
(b) An offense under this section is a felony of the third | ||
degree. | ||
Sec. 72.05. APPLICABILITY OF OTHER LAW. If conduct that | ||
constitutes an offense under this chapter also constitutes an | ||
offense under other law, the actor may be prosecuted under the | ||
applicable section of this chapter, the other law, or both. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Section 125.061(3), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(3) "Gang activity" means the following types of | ||
conduct: | ||
(A) organized criminal activity as described by | ||
Section 71.02, Penal Code; | ||
(B) terroristic threat as described by Section | ||
22.07, Penal Code, or threatened terroristic violence as described | ||
by Section 72.04, Penal Code; | ||
(C) coercing, soliciting, or inducing gang | ||
membership as described by Section 71.022(a) or (a-1), Penal Code; | ||
(D) criminal trespass as described by Section | ||
30.05, Penal Code; | ||
(E) disorderly conduct as described by Section | ||
42.01, Penal Code; | ||
(F) criminal mischief as described by Section | ||
28.03, Penal Code, that causes a pecuniary loss of $500 or more; | ||
(G) a graffiti offense in violation of Section | ||
28.08, Penal Code; | ||
(H) a weapons offense in violation of Chapter 46, | ||
Penal Code; or | ||
(I) unlawful possession of a substance or other | ||
item in violation of Chapter 481, Health and Safety Code. | ||
SECTION 2.02. Article 2.30(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) This article applies only to the following offenses: | ||
(1) assault under Section 22.01, Penal Code; | ||
(2) aggravated assault under Section 22.02, Penal | ||
Code; | ||
(3) sexual assault under Section 22.011, Penal Code; | ||
(4) aggravated sexual assault under Section 22.021, | ||
Penal Code; [ |
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(5) terroristic threat under Section 22.07, Penal | ||
Code; and | ||
(6) threatened terroristic violence under Section | ||
72.04, Penal Code. | ||
SECTION 2.03. Section 37.006(a), Education Code, is amended | ||
to read as follows: | ||
(a) A student shall be removed from class and placed in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code, [ |
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22.07, Penal Code, or threatened terroristic violence under Section | ||
72.04, Penal Code; or | ||
(2) commits the following on or within 300 feet of | ||
school property, as measured from any point on the school's real | ||
property boundary line, or while attending a school-sponsored or | ||
school-related activity on or off of school property: | ||
(A) engages in conduct punishable as a felony; | ||
(B) engages in conduct that contains the elements | ||
of the offense of assault under Section 22.01(a)(1), Penal Code; | ||
(C) sells, gives, or delivers to another person | ||
or possesses or uses or is under the influence of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; | ||
(D) sells, gives, or delivers to another person | ||
an alcoholic beverage, as defined by Section 1.04, Alcoholic | ||
Beverage Code, commits a serious act or offense while under the | ||
influence of alcohol, or possesses, uses, or is under the influence | ||
of an alcoholic beverage; | ||
(E) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; | ||
(F) engages in conduct that contains the elements | ||
of the offense of public lewdness under Section 21.07, Penal Code, | ||
or indecent exposure under Section 21.08, Penal Code; or | ||
(G) engages in conduct that contains the elements | ||
of the offense of harassment under Section 42.07(a)(1), (2), (3), | ||
or (7), Penal Code, against an employee of the school district. | ||
SECTION 2.04. Section 37.007(b), Education Code, is amended | ||
to read as follows: | ||
(b) A student may be expelled if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code, [ |
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22.07, Penal Code, or threatened terroristic violence under Section | ||
72.04, Penal Code; | ||
(2) while on or within 300 feet of school property, as | ||
measured from any point on the school's real property boundary | ||
line, or while attending a school-sponsored or school-related | ||
activity on or off of school property: | ||
(A) sells, gives, or delivers to another person | ||
or possesses, uses, or is under the influence of any amount of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; or | ||
(iii) an alcoholic beverage, as defined by | ||
Section 1.04, Alcoholic Beverage Code; | ||
(B) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; | ||
(C) engages in conduct that contains the elements | ||
of an offense under Section 22.01(a)(1), Penal Code, against a | ||
school district employee or a volunteer as defined by Section | ||
22.053; or | ||
(D) engages in conduct that contains the elements | ||
of the offense of deadly conduct under Section 22.05, Penal Code; | ||
(3) subject to Subsection (d), while within 300 feet | ||
of school property, as measured from any point on the school's real | ||
property boundary line: | ||
(A) engages in conduct specified by Subsection | ||
(a); or | ||
(B) possesses a firearm, as defined by 18 U.S.C. | ||
Section 921; | ||
(4) engages in conduct that contains the elements of | ||
any offense listed in Subsection (a)(2)(A) or (C) or the offense of | ||
aggravated robbery under Section 29.03, Penal Code, against another | ||
student, without regard to whether the conduct occurs on or off of | ||
school property or while attending a school-sponsored or | ||
school-related activity on or off of school property; or | ||
(5) engages in conduct that contains the elements of | ||
the offense of breach of computer security under Section 33.02, | ||
Penal Code, if: | ||
(A) the conduct involves accessing a computer, | ||
computer network, or computer system owned by or operated on behalf | ||
of a school district; and | ||
(B) the student knowingly: | ||
(i) alters, damages, or deletes school | ||
district property or information; or | ||
(ii) commits a breach of any other | ||
computer, computer network, or computer system. | ||
SECTION 2.05. Section 37.011(b), Education Code, is amended | ||
to read as follows: | ||
(b) If a student admitted into the public schools of a | ||
school district under Section 25.001(b) is expelled from school for | ||
conduct for which expulsion is required under Section 37.007(a), | ||
(d), or (e), [ |
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offense of terroristic threat as described by Section 22.07(c-1) or | ||
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elements of the offense of threatened terroristic violence as | ||
described by Section 72.04, Penal Code, the juvenile court, the | ||
juvenile board, or the juvenile board's designee, as appropriate, | ||
shall: | ||
(1) if the student is placed on probation under | ||
Section 54.04, Family Code, order the student to attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides from the date of disposition as a | ||
condition of probation, unless the child is placed in a | ||
post-adjudication treatment facility; | ||
(2) if the student is placed on deferred prosecution | ||
under Section 53.03, Family Code, by the court, prosecutor, or | ||
probation department, require the student to immediately attend the | ||
juvenile justice alternative education program in the county in | ||
which the student resides for a period not to exceed six months as a | ||
condition of the deferred prosecution; | ||
(3) in determining the conditions of the deferred | ||
prosecution or court-ordered probation, consider the length of the | ||
school district's expulsion order for the student; and | ||
(4) provide timely educational services to the student | ||
in the juvenile justice alternative education program in the county | ||
in which the student resides, regardless of the student's age or | ||
whether the juvenile court has jurisdiction over the student. | ||
SECTION 2.06. Section 37.015(a), Education Code, is amended | ||
to read as follows: | ||
(a) The principal of a public or private primary or | ||
secondary school, or a person designated by the principal under | ||
Subsection (d), shall notify any school district police department | ||
and the police department of the municipality in which the school is | ||
located or, if the school is not in a municipality, the sheriff of | ||
the county in which the school is located if the principal has | ||
reasonable grounds to believe that any of the following activities | ||
occur in school, on school property, or at a school-sponsored or | ||
school-related activity on or off school property, whether or not | ||
the activity is investigated by school security officers: | ||
(1) conduct that may constitute an offense listed | ||
under Section 508.149, Government Code; | ||
(2) deadly conduct under Section 22.05, Penal Code; | ||
(3) a terroristic threat under Section 22.07, Penal | ||
Code, or threatened terroristic violence under Section 72.04, Penal | ||
Code; | ||
(4) the use, sale, or possession of a controlled | ||
substance, drug paraphernalia, or marihuana under Chapter 481, | ||
Health and Safety Code; | ||
(5) the possession of any of the weapons or devices | ||
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal | ||
Code; | ||
(6) conduct that may constitute a criminal offense | ||
under Section 71.02, Penal Code; or | ||
(7) conduct that may constitute a criminal offense for | ||
which a student may be expelled under Section 37.007(a), (d), or | ||
(e). | ||
SECTION 2.07. Section 37.113, Education Code, is amended to | ||
read as follows: | ||
Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT, [ |
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TERRORISTIC THREAT, OR THREATENED TERRORISTIC VIOLENCE. A school | ||
district that receives a bomb threat, [ |
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threat of terroristic violence relating to a campus or other | ||
district facility at which students are present shall provide | ||
notification of the threat as soon as possible to the parent or | ||
guardian of or other person standing in parental relation to each | ||
student who is assigned to the campus or who regularly uses the | ||
facility, as applicable. | ||
SECTION 2.08. Section 1104.353(b), Estates Code, is amended | ||
to read as follows: | ||
(b) It is presumed to be not in the best interests of a ward | ||
or incapacitated person to appoint as guardian of the ward or | ||
incapacitated person a person who has been finally convicted of: | ||
(1) any sexual offense, including sexual assault, | ||
aggravated sexual assault, and prohibited sexual conduct; | ||
(2) aggravated assault; | ||
(3) injury to a child, elderly individual, or disabled | ||
individual; | ||
(4) abandoning or endangering a child; | ||
(5) terroristic threat or threatened terroristic | ||
violence; or | ||
(6) continuous violence against the family of the ward | ||
or incapacitated person. | ||
SECTION 2.09. Section 250.006(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) A person for whom the facility or the individual | ||
employer is entitled to obtain criminal history record information | ||
may not be employed in a facility or by an individual employer if | ||
the person has been convicted of an offense listed in this | ||
subsection: | ||
(1) an offense under Chapter 19, Penal Code (criminal | ||
homicide); | ||
(2) an offense under Chapter 20, Penal Code | ||
(kidnapping, unlawful restraint, and smuggling of persons); | ||
(3) an offense under Section 21.02, Penal Code | ||
(continuous sexual abuse of young child or children), or Section | ||
21.11, Penal Code (indecency with a child); | ||
(4) an offense under Section 22.011, Penal Code | ||
(sexual assault); | ||
(5) an offense under Section 22.02, Penal Code | ||
(aggravated assault); | ||
(6) an offense under Section 22.04, Penal Code (injury | ||
to a child, elderly individual, or disabled individual); | ||
(7) an offense under Section 22.041, Penal Code | ||
(abandoning or endangering child); | ||
(8) an offense under Section 22.08, Penal Code (aiding | ||
suicide); | ||
(9) an offense under Section 25.031, Penal Code | ||
(agreement to abduct from custody); | ||
(10) an offense under Section 25.08, Penal Code (sale | ||
or purchase of child); | ||
(11) an offense under Section 28.02, Penal Code | ||
(arson); | ||
(12) an offense under Section 29.02, Penal Code | ||
(robbery); | ||
(13) an offense under Section 29.03, Penal Code | ||
(aggravated robbery); | ||
(14) an offense under Section 21.08, Penal Code | ||
(indecent exposure); | ||
(15) an offense under Section 21.12, Penal Code | ||
(improper relationship between educator and student); | ||
(16) an offense under Section 21.15, Penal Code | ||
(invasive visual recording); | ||
(17) an offense under Section 22.05, Penal Code | ||
(deadly conduct); | ||
(18) an offense under Section 22.021, Penal Code | ||
(aggravated sexual assault); | ||
(19) an offense under Section 22.07, Penal Code | ||
(terroristic threat), or under Section 72.04, Penal Code | ||
(threatened terroristic violence); | ||
(20) an offense under Section 32.53, Penal Code | ||
(exploitation of child, elderly individual, or disabled | ||
individual); | ||
(21) an offense under Section 33.021, Penal Code | ||
(online solicitation of a minor); | ||
(22) an offense under Section 34.02, Penal Code (money | ||
laundering); | ||
(23) an offense under Section 35A.02, Penal Code | ||
(health care fraud); | ||
(24) an offense under Section 36.06, Penal Code | ||
(obstruction or retaliation); | ||
(25) an offense under Section 42.09, Penal Code | ||
(cruelty to livestock animals), or under Section 42.092, Penal Code | ||
(cruelty to nonlivestock animals); or | ||
(26) a conviction under the laws of another state, | ||
federal law, or the Uniform Code of Military Justice for an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed by this subsection. | ||
SECTION 2.10. Section 19.03(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person commits murder | ||
as defined under Section 19.02(b)(1) and: | ||
(1) the person murders a peace officer or fireman who | ||
is acting in the lawful discharge of an official duty and who the | ||
person knows is a peace officer or fireman; | ||
(2) the person intentionally commits the murder in the | ||
course of committing or attempting to commit kidnapping, burglary, | ||
robbery, aggravated sexual assault, arson, obstruction or | ||
retaliation, threatened terroristic violence, or terroristic | ||
threat under Section 22.07(a)(1) or[ |
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(3) the person commits the murder for remuneration or | ||
the promise of remuneration or employs another to commit the murder | ||
for remuneration or the promise of remuneration; | ||
(4) the person commits the murder while escaping or | ||
attempting to escape from a penal institution; | ||
(5) the person, while incarcerated in a penal | ||
institution, murders another: | ||
(A) who is employed in the operation of the penal | ||
institution; or | ||
(B) with the intent to establish, maintain, or | ||
participate in a combination or in the profits of a combination; | ||
(6) the person: | ||
(A) while incarcerated for an offense under this | ||
section or Section 19.02, murders another; or | ||
(B) while serving a sentence of life imprisonment | ||
or a term of 99 years for an offense under Section 20.04, 22.021, or | ||
29.03, murders another; | ||
(7) the person murders more than one person: | ||
(A) during the same criminal transaction; or | ||
(B) during different criminal transactions but | ||
the murders are committed pursuant to the same scheme or course of | ||
conduct; | ||
(8) the person murders an individual under 10 years of | ||
age; | ||
(9) the person murders an individual 10 years of age or | ||
older but younger than 15 years of age; or | ||
(10) the person murders another person in retaliation | ||
for or on account of the service or status of the other person as a | ||
judge or justice of the supreme court, the court of criminal | ||
appeals, a court of appeals, a district court, a criminal district | ||
court, a constitutional county court, a statutory county court, a | ||
justice court, or a municipal court. | ||
SECTION 2.11. Section 22.07(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person [ |
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to commit any offense involving violence to any person or property | ||
with intent to: | ||
(1) cause a reaction of any type to the [ |
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an official or volunteer agency organized to deal with emergencies; | ||
(2) place any person in fear of imminent serious | ||
bodily injury; or | ||
(3) prevent or interrupt the occupation or use of a | ||
building, room, place of assembly, place to which the public has | ||
access, place of employment or occupation, aircraft, automobile, or | ||
other form of conveyance, or other public place[ |
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SECTION 2.12. Section 22.07(e), Penal Code, is repealed. | ||
ARTICLE 3. TRANSITION AND EFFECTIVE DATE | ||
SECTION 3.01. The changes in law made 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 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 occurred | ||
before that date. | ||
SECTION 3.02. This Act takes effect September 1, 2021. |