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.