HBA-BSM, SEP C.S.H.B. 258 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 258
By: Christian
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, intentional hindering of an official proceeding is
punishable as a Class A misdemeanor, and physical or verbal disruption of a
lawful meeting, procession, or gathering is punishable as a Class B
misdemeanor.  During the James Byrd, Jr. murder trial, local law
enforcement groups were impeded in handling groups such as the Ku Klux Klan
and Black Panthers who were displaying loaded automatic weapons because the
law is unclear.  C.S.H.B. 258 clarifies the issue by making it a state jail
felony if a 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. 

ANALYSIS

C.S.H.B. 258 amends the Penal Code to provide that it is a state jail
felony if a person intentionally hinders an official proceeding or prevents
or disrupts a lawful meeting, procession, or gathering by display of a
deadly weapon in plain view.  The bill also provides that it is a state
jail felony 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.  The bill authorizes a peace officer or
other individual with authority to control the proceeding, meeting,
procession, or gathering to order an actor who participates in, attends, or
appears at or in the immediate vicinity of an official  proceeding,
meeting, procession, or gathering to leave the immediate vicinity and not
return with the deadly weapon.  The bill further provides that an actor who
receives an order and refuses to leave or returns with a deadly weapon is
presumed to intend to prevent or disrupt the proceeding, meeting,
procession, or gathering.  This provision does not prevent an attorney
representing the state from establishing intent by direct evidence.  It is
a defense to prosecution that the actor is a public servant lawfully
discharging an official duty or the actor reasonably believes that the
actor is acting with express permission of a peace officer or other
individual with authority to control the meeting.  
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 258 modifies the original to provide that it is a defense to
prosecution that an actor, who intentionally hinders an official proceeding
or prevents or disrupts a lawful meeting, procession, or gathering by
display of a deadly weapon in plain view, is a public servant lawfully
discharging an official duty or the actor reasonably believes that the
actor is acting with express permission of a peace officer or other
individual with authority to control the meeting.