HBA-NMO H.B. 786 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 786
By: Christian
Criminal Jurisprudence
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person commits a Class A misdemeanor if the
person intentionally hinders an official proceeding by making noise or
acting in a violent or tumultuous way, and a class B misdemeanor if the
person, with intent to disrupt a lawful meeting, procession, or gathering,
obstructs the assembly by physical action or verbal utterance.  H.B.  786
provides that a person commits a state jail felony if the person
intentionally hinders an official proceeding or disrupts a lawful meeting,
procession, or gathering by display of a deadly weapon in plain view.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.13, Penal Code, as follows:

Sec.  38.13.  HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.  (a) Provides
that a person commits an offense if the person intentionally hinders an
official proceeding by display of a deadly weapon in plain view.  Makes
conforming changes. 

(b) Provides that a person commits an offense if after receiving an
explicit official request to desist the person continues to recklessly
hinder an official proceeding by display of a deadly weapon in plain view.
Makes conforming changes. 

(c) Authorizes a peace officer or other authorized person, if an actor
participates in, attends, or appears at or in the immediate vicinity of an
official proceeding while displaying a deadly weapon in plain view, to
order the actor to leave the immediate vicinity and not return with the
deadly weapon.  Provides that an actor who does not obey an order is
presumed to intend to hinder the official proceeding.  Provides that this
subsection does not prevent an attorney representing the state from
establishing intent by direct evidence. 

(d) Authorizes the person, if conduct constituting an offense under this
section also constitutes an offense under another section of this code, to
be prosecuted under either section or under both sections. 

(e) Provides that an offense set forth in Subsections (a) or (b) concerning
the hindering of an official meeting by display of a deadly weapon in plain
view is a state jail felony. Makes conforming changes. 

SECTION 2.  Amends Section 42.05, Penal Code, as follows:

Sec.  42.05.  DISRUPTING MEETING OR PROCESSION.  (a) Provides that a person
commits an offense if, with the intent to prevent or disrupt, the person
obstructs or interferes with a lawful meeting, procession, or gathering by
display of a deadly weapon in plain view. Makes conforming changes. 
 
(b) Authorizes a peace officer or other authorized person, if an actor
participates in, attends, or appears at or in the immediate vicinity of a
public meeting, procession, or gathering while displaying a deadly weapon
in plain view, to order the actor to leave the immediate vicinity and not
return with the deadly weapon.  Provides that an actor who does not obey an
order is presumed to intend to hinder the meeting, procession, or
gathering.  Provides that this subsection does not prevent an attorney
representing the state from establishing intent by direct evidence. 

(c) Authorizes the person, if conduct constituting an offense under this
section also constitutes an offense under another section of this code, to
be prosecuted under either section or under both sections. 

(d) Provides that an offense set forth in Subsection (a) concerning the
hindering of a lawful  meeting, procession, or gathering by display of a
deadly weapon in plain view is a state jail felony.  Makes conforming
changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.