Bill Text: TX HB3406 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to creating an offense for persons imprisoned or confined in correctional facilities to threaten to harm certain other persons by certain means of communication.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB3406 Detail]
Download: Texas-2013-HB3406-Introduced.html
83R9378 PEP-F | ||
By: Riddle | H.B. No. 3406 |
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relating to creating an offense for persons imprisoned or confined | ||
in correctional facilities to threaten to harm certain other | ||
persons by certain means of communication. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 36, Penal Code, is amended by adding | ||
Section 36.061 to read as follows: | ||
Sec. 36.061. UNLAWFUL COMMUNICATION OF THREAT BY PERSON IN | ||
CORRECTIONAL FACILITY. (a) In this section, "electronic | ||
transmission" means the transmission of information by facsimile, | ||
e-mail, electronic data interchange, or any other similar method. | ||
(b) A person commits an offense if the person, while | ||
imprisoned or confined in a correctional facility, knowingly uses | ||
the United States mail or an electronic or telephone transmission | ||
to threaten to harm another by an unlawful act on account of the | ||
service or status of another as a public official. | ||
(c) An offense under this section is a felony of the third | ||
degree. | ||
SECTION 2. Article 42.08, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) When the same defendant has been convicted in two or | ||
more cases, judgment and sentence shall be pronounced in each case | ||
in the same manner as if there had been but one conviction. Except | ||
as provided by Subsections [ |
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second and subsequent convictions may either be that the sentence | ||
imposed or suspended shall begin when the judgment and the sentence | ||
imposed or suspended in the preceding conviction has ceased to | ||
operate, or that the sentence imposed or suspended shall run | ||
concurrently with the other case or cases, and sentence and | ||
execution shall be accordingly; provided, however, that the | ||
cumulative total of suspended sentences in felony cases shall not | ||
exceed 10 years, and the cumulative total of suspended sentences in | ||
misdemeanor cases shall not exceed the maximum period of | ||
confinement in jail applicable to the misdemeanor offenses, though | ||
in no event more than three years, including extensions of periods | ||
of community supervision under Section 22, Article 42.12, [ |
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Code, or four years, including extensions, if any of the offenses | ||
are offenses under Chapter 49, Penal Code. | ||
(d) The judge shall order the sentence for an offense under | ||
Section 36.061, Penal Code, to commence immediately on completion | ||
of any other sentence imposed on the defendant. | ||
SECTION 3. This Act takes effect September 1, 2013. |