bill renaming “terroristic threat” to “criminal threat”

The text as introduced · 3,847 words

90R4683 JSC-D

By: Moody
H.B. No. 630

A BILL TO BE ENTITLED

AN ACT

relating to changing the name of the offense of terroristic threat

to criminal threat and to updating references to conform to that

terminology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 22.07, Penal Code, is

amended to read as follows:

Sec. 22.07. CRIMINAL [ TERRORISTIC ] THREAT.

SECTION 2. 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) criminal [ terroristic ] threat as described

by Section 22.07, Penal Code;

(C) coercing, inducing, or soliciting membership

in a criminal street gang or foreign terrorist organization 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 3. Article 2A.0585, Code of Criminal Procedure, is

amended to read as follows:

Art. 2A.0585. DUTIES OF PEACE OFFICER INVESTIGATING

STALKING, HARASSMENT, OR CRIMINAL [ TERRORISTIC ] THREAT. (a) In

this article:

(1) "Criminal threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code.

(2) "Harassment" means any conduct that constitutes an

offense under Section 42.07, Penal Code.

(3) [ (2) ] "Stalking" means any conduct that

constitutes an offense under Section 42.072, Penal Code.

[ (3) "Terroristic threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code. ]

(b) A peace officer who investigates an allegation of

stalking, harassment, or criminal [ terroristic ] threat shall

advise any possible adult victim of all reasonable means to prevent

the occurrence of further offenses, including by providing the

written notice adopted by the Health and Human Services Commission

under Section 51A.003, Human Resources Code. In addition to the

required notice under this subsection, a peace officer may provide

to the possible victim any available written information regarding

local resources for victims of stalking, harassment, or criminal

[ terroristic ] threat.

SECTION 4. The heading to Article 2A.202, Code of Criminal

Procedure, is amended to read as follows:

Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN

[ ASSAULTIVE OR TERRORISTIC ] OFFENSES INVOLVING ASSAULTS OR

THREATS .

SECTION 5. Article 2A.202(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; and

(5) criminal [ terroristic ] threat under Section

22.07, Penal Code.

SECTION 6. Article 17.03(b-2), Code of Criminal Procedure,

is amended to read as follows:

(b-2) Except as provided by Articles 15.21, 17.032, 17.033,

and 17.151, a defendant may not be released on personal bond if the

defendant:

(1) is charged with:

(A) an offense involving violence; or

(B) an offense under:

(i) Section 19.02(b)(4), Penal Code (murder

as a result of manufacture or delivery of a controlled substance in

Penalty Group 1-B);

(ii) Section 22.07, Penal Code ( criminal

[ terroristic ] threat), if the offense is punishable as a Class A

misdemeanor or any higher category of offense;

(iii) Section 25.07, Penal Code (violation

of certain court orders or conditions of bond in a family violence,

child abuse or neglect, sexual assault or abuse, indecent assault,

stalking, or trafficking case); or

(iv) Section 46.04(a), Penal Code (unlawful

possession of firearm); or

(2) while released on bail, parole, or community

supervision for an offense involving violence, is charged with

committing:

(A) any offense punishable as a felony; or

(B) an offense under the following provisions of

the Penal Code:

(i) Section 22.01(a)(1) (assault);

(ii) Section 22.05 (deadly conduct); or

(iii) Section 42.01(a)(7) or (8)

(disorderly conduct involving firearm).

SECTION 7. Section 37.0012(b-1), Education Code, is amended

to read as follows:

(b-1) The campus behavior coordinator shall:

(1) monitor disciplinary referrals;

(2) report to the campus's threat assessment and safe

and supportive school team established under Section 37.115 any

student who engages in conduct that contains the elements of:

(A) the offense of criminal [ terroristic ] threat

under Section 22.07, Penal Code;

(B) the offense of unlawfully carrying weapons

under Section 46.02, Penal Code;

(C) an offense relating to prohibited weapons

under Section 46.05, Penal Code; or

(D) the offense of exhibiting, using, or

threatening to exhibit or use a firearm under Section 37.125 of this

code; and

(3) report to the campus's threat assessment and safe

and supportive school team established under Section 37.115 any

concerning student behaviors or behavioral trends that may pose a

serious risk of violence to the student or others.

SECTION 8. Section 37.006(a), Education Code, is amended to

read as follows:

(a) Subject to the requirements of Section 37.009(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, or criminal [ terroristic ] threat under

Section 22.07, 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) except as provided by Section 37.007(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) except as provided by Section 37.007(a)(3),

sells, gives, or delivers to another person or possesses or uses or

is under the influence of:

(i) a controlled substance, as defined by

Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et

seq., excluding marihuana, as defined by Section 481.002, Health

and Safety Code, or tetrahydrocannabinol, as defined by rule

adopted under Section 481.003 of that code; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code;

(C-1) possesses, uses, or is under the influence

of, or sells, gives, or delivers to another person marihuana, as

defined by Section 481.002, Health and Safety Code, or

tetrahydrocannabinol, as defined by rule adopted under Section

481.003 of that code;

(C-2) sells, gives, or delivers to another person

an e-cigarette, as defined by Section 161.081, 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 9. 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, or criminal [ terroristic ] threat under

Section 22.07, 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) except as provided by Subsection (a)(3),

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; or

(C) engages in conduct that contains the elements

of the offense of deadly conduct under Section 22.05, Penal Code;

(3) while within 300 feet of school property, as

measured from any point on the school's real property boundary

line, possesses a firearm, as defined by 18 U.S.C. Section 921; or

(4) 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 10. 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) or

(e), or for conduct that contains the elements of the offense of

criminal [ terroristic ] threat as described by Section 22.07(c-1),

(d), or (e), 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 11. 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 criminal [ terroristic ] threat under Section

22.07, 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) or (e).

SECTION 12. Section 37.113, Education Code, is amended to

read as follows:

Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR CRIMINAL

[ TERRORISTIC ] THREAT. A school district that receives a bomb

threat or criminal [ terroristic ] threat 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 13. Section 51.2825, Education Code, is amended to

read as follows:

Sec. 51.2825. CERTAIN DUTIES OF CAMPUS PEACE OFFICER

INVESTIGATING FAMILY VIOLENCE, STALKING, HARASSMENT, OR CRIMINAL

[ TERRORISTIC ] THREAT. (a) In this section:

(1) "Campus peace officer" means a peace officer

commissioned under Section 51.203 or 51.212.

(2) "Criminal threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code.

(3) "Family violence" has the meaning assigned by

Section 71.004, Family Code.

(4) [ (3) ] "Harassment" means any conduct that

constitutes an offense under Section 42.07, Penal Code.

(5) [ (4) ] "Stalking" means any conduct that

constitutes an offense under Section 42.072, Penal Code.

[ (5) "Terroristic threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code. ]

(b) A campus peace officer who responds to a disturbance

call that may involve family violence or investigates an allegation

of family violence, stalking, harassment, or criminal

[ terroristic ] threat shall advise any possible adult victim of all

reasonable means to prevent the occurrence of further offenses,

including by providing the written notice adopted by the Health and

Human Services Commission under Section 51A.003, Human Resources

Code. In addition to the required notice under this subsection, a

campus peace officer shall provide to the possible victim any

available written information regarding campus and local resources

for victims of family violence, stalking, harassment, or criminal

[ terroristic ] threat.

SECTION 14. 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, elderly

individual, or disabled individual;

(5) criminal [ terroristic ] threat; or

(6) continuous violence against the family of the ward

or incapacitated person.

SECTION 15. The heading to Chapter 51A, Human Resources

Code, is amended to read as follows:

CHAPTER 51A. NOTICE TO VICTIMS OF FAMILY VIOLENCE, STALKING,

HARASSMENT, OR CRIMINAL [ TERRORISTIC ] THREAT

SECTION 16. Section 51A.001, Human Resources Code, is

amended to read as follows:

Sec. 51A.001. DEFINITIONS. In this chapter:

(1) "Criminal threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code.

(2) "Family" has the meaning assigned by Section

71.003, Family Code.

(3) [ (2) ] "Family violence" has the meaning assigned

by Section 71.004, Family Code.

(4) [ (3) ] "Harassment" means any conduct that

constitutes an offense under Section 42.07, Penal Code.

(5) [ (4) ] "Household" has the meaning assigned by

Section 71.005, Family Code.

(6) [ (5) ] "Member of a household" has the meaning

assigned by Section 71.006, Family Code.

(7) [ (6) ] "Stalking" means any conduct that

constitutes an offense under Section 42.072, Penal Code.

[ (7) "Terroristic threat" means any conduct that

constitutes an offense under Section 22.07, Penal Code. ]

SECTION 17. Section 51A.002, Human Resources Code, is

amended to read as follows:

Sec. 51A.002. APPLICABILITY TO VICTIMS OF CERTAIN OFFENSES.

This chapter applies to a victim of family violence, stalking,

harassment, or criminal [ terroristic ] threat, including:

(1) an adult member of a family or household who is

subjected to an act of family violence;

(2) a member of the household of the adult described by

Subdivision (1), other than the member of the household who commits

the act of family violence; and

(3) a person who is subjected to conduct constituting

stalking, harassment, or criminal [ terroristic ] threat.

SECTION 18. Sections 51A.003(a), (b), and (c), Human

Resources Code, are amended to read as follows:

(a) The commission by rule shall adopt a written notice to

be provided to victims of family violence, stalking, harassment, or

criminal [ terroristic ] threat to assist those victims in obtaining

services. The commission shall use best practices in creating the

written notice.

(b) The notice adopted under this section must include the

following in both English and Spanish:

(1) a statement that it is a criminal offense for any

person, including a member of the family or former member of the

family, to cause physical injury or harm to a victim or to engage in

conduct constituting stalking, harassment, or criminal

[ terroristic ] threat toward a victim;

(2) a list of agencies and social organizations that

the victim may contact for assistance with safety planning,

shelter, or protection;

(3) contact information for:

(A) the National Domestic Violence Hotline;

(B) victim support services at the Department of

Public Safety; and

(C) the commission's family violence program;

and

(4) information regarding the legal rights of a

victim, including information regarding:

(A) the filing of criminal charges and obtaining

a protective order or a magistrate's order for emergency

protection;

(B) the ability of a tenant who is a victim of

family violence to vacate a dwelling and terminate a residential

lease; and

(C) the ability of the victim to provide

information to the local prosecutor that will be helpful to a

magistrate setting bail if the person committing the offense is

arrested.

(c) The notice adopted under this section may include any

other information the commission considers useful to a victim of

family violence, stalking, harassment, or criminal [ terroristic ]

threat.

SECTION 19. 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 disabled individual), 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 a child, elderly individual, or disabled

individual);

(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

( criminal [ terroristic ] threat);

(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 20. 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, or criminal [ terroristic ] threat under Section

22.07(a)(1), (3), (4), (5), or (6);

(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 21. This Act takes effect September 1, 2027.