Texas House Bill HB4440

Texas 2019 - 86th Regular

Caption

Relating to enhancing the criminal penalty for causing bodily injury while resisting arrest, search, or transportation.

Impact

The changes proposed in HB4440 reflect a significant shift in the legal repercussions for individuals who resist arrest or searches. By differentiating between the nature of resistance—whether it involves bodily injury or the use of deadly weapons—the bill aims to deter such actions through more severe penalties. This aligns with ongoing efforts to protect law enforcement personnel while also addressing public safety concerns. The bill is positioned to take effect from September 1, 2019, indicating an urgent legislative response to issues surrounding law enforcement and public interactions.

Summary

House Bill 4440 seeks to enhance the criminal penalties associated with causing bodily injury while resisting arrest, a search or during transportation. This legislation amends Section 38.03 of the Penal Code, categorizing offenses based on the use of force against a peace officer. The bill stipulates that if an individual's use of force results in bodily injury to a peace officer or another person, it is classified as a state jail felony. In instances where a deadly weapon is used during an act of resistance, the penalty escalates to a third-degree felony.

Contention

While the bill's intent may be to bolster the safety of peace officers, it does invite debate regarding the implications for civil liberties. Some critics may argue that enhancing penalties could lead to disproportionately harsh outcomes for individuals, especially in scenarios where the use of force is not clearly justified. The delineation between various types of offenses presents opportunities for critique around the thresholds for law enforcement interactions, potentially raising concerns over the definitions of resisting arrest and the circumstances surrounding such incidents.