HBA-AMW C.S.H.B. 1456 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1456 By: Hochberg Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The existence of militia groups, unrelated to federal and state military corps, may create the need to counteract the possible threat these groups pose. Approximately 41 states have passed laws pertaining to militia activity or paramilitary exercises. Currently, Texas law prohibits a body of persons other than the regularly organized state military forces or United States troops from associating as a military company or organization or parading in public with firearms in a municipality. Current law, however, does not prohibit the training and instruction of organized groups for the specific purpose of inciting civil disorder. C.S.H.B. 1456 provides that it is an offense to instruct, teach, demonstrate, or practice with others for the specific purpose of inciting civil disorder. 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. 1456 amends the Penal and Government codes to provide criminal penalties relating to paramilitary training to incite disorder. The bill amends the Penal Code to provide that it is a state jail felony if a person teaches or demonstrates to another the use, application, or making of a chemical dispensing device, firearm, or explosive weapon and the person knows, has reason to know, or intends that the chemical dispensing device, firearm, or explosive weapon be used to cause civil disorder. The bill also provides that a person commits a state jail felony if the person meets with two or more persons as a paramilitary organization to train or practice with or be instructed in the use of a chemical dispensing device, firearm, or explosive weapon and intends to use the chemical dispensing device, firearm, or explosive weapon to cause civil disorder. The bill specifies that it is a defense to prosecution that the actor is a law enforcement officer who is performing an official duty at the time of the offense. C.S.H.B. 1456 amends the Government Code to provide that it is a Class C misdemeanor if a person is a part of a body that violates the prohibition against associating as a military company or organization or parading in public with firearms in a municipality of the state. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1456 modifies the original bill by deleting the definitions of "state officer" and "state property" and modifying the definition of "paramilitary organization." The substitute differs from the original bill by providing that a person commits a state jail felony if the person teaches or demonstrates to another the use, application, or making of a chemical dispensing device, explosive weapon, or firearm and the person knows, has reason to know, or intends that the chemical dispensing device, explosive weapon, or firearm be used to cause civil disorder, rather than if the person teaches or demonstrates to another the use, application, or making of a firearm, explosive weapon, or technique capable of causing injury or death and the person knows, has reason to know, or intends that the firearm, explosive weapon, or technique be used to cause civil disorder or commit an offense against a state officer or state property. The substitute also differs from the original bill by providing that a person commits a state jail felony if the person meets with two or more persons as a paramilitary organization to train or practice with or be instructed in the use of a chemical dispensing device, explosive weapon, or firearm and intends to use the chemical dispensing device, explosive weapon, or firearm to cause civil disorder, rather than if the person meets with two or more persons as a paramilitary organization to train or practice with or be instructed in the use of a firearm or explosive weapon or to train in, practice, or be instructed in the use of a technique capable of causing injury or death and intends to use the firearm, explosive weapon, or technique to cause civil disorder or commit an offense against a state officer or state property.