Bill Text: TX HB3406 | 2013-2014 | 83rd Legislature | Introduced

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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

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83R9378 PEP-F
By: Riddle H.B. No. 3406

A BILL TO BE ENTITLED
AN ACT
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 [Sections] (b), [and] (c), and (d) [of
this article], in the discretion of the court, the judgment in the
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, [of this
code,] if none of the offenses are offenses under Chapter 49, Penal
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.