| 1 | 1 | | 81R3792 SJM-F |
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| 2 | 2 | | By: Frost H.B. No. 1076 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the offense of obstruction of or |
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| 8 | 8 | | retaliation against a process server. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 36.06(a) and (b), Penal Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person commits an offense if he intentionally or |
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| 13 | 13 | | knowingly harms or threatens to harm another by an unlawful act: |
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| 14 | 14 | | (1) in retaliation for or on account of the service or |
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| 15 | 15 | | status of another as a: |
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| 16 | 16 | | (A) public servant, process server, witness, |
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| 17 | 17 | | prospective witness, or informant; or |
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| 18 | 18 | | (B) person who has reported or who the actor |
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| 19 | 19 | | knows intends to report the occurrence of a crime; or |
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| 20 | 20 | | (2) to prevent or delay the service of another as a: |
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| 21 | 21 | | (A) public servant, process server, witness, |
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| 22 | 22 | | prospective witness, or informant; or |
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| 23 | 23 | | (B) person who has reported or who the actor |
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| 24 | 24 | | knows intends to report the occurrence of a crime. |
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| 25 | 25 | | (b) In this section: |
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| 26 | 26 | | (1) "Civil process" means all process issued or |
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| 27 | 27 | | sanctioned by a civil court. |
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| 28 | 28 | | (2) "Honorably retired peace officer" means a peace |
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| 29 | 29 | | officer who: |
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| 30 | 30 | | (A) did not retire in lieu of any disciplinary |
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| 31 | 31 | | action; |
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| 32 | 32 | | (B) was eligible to retire from a law enforcement |
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| 33 | 33 | | agency or was ineligible to retire only as a result of an injury |
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| 34 | 34 | | received in the course of the officer's employment with the agency; |
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| 35 | 35 | | and |
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| 36 | 36 | | (C) is entitled to receive a pension or annuity |
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| 37 | 37 | | for service as a law enforcement officer or is not entitled to |
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| 38 | 38 | | receive a pension or annuity only because the law enforcement |
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| 39 | 39 | | agency that employed the officer does not offer a pension or annuity |
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| 40 | 40 | | to its employees. |
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| 41 | 41 | | (3) [(2)] "Informant" means a person who has |
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| 42 | 42 | | communicated information to the government in connection with any |
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| 43 | 43 | | governmental function. |
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| 44 | 44 | | (4) "Process server" means a person who serves civil |
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| 45 | 45 | | process. |
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| 46 | 46 | | (5) [(3)] "Public servant" includes an honorably |
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| 47 | 47 | | retired peace officer. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2009. |
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