81R5628 HLT-D
By: Bohac H.B. No. 1721
A BILL TO BE ENTITLED
AN ACT
relating to taking or attempting to take a weapon from an employee
or official of a correctional facility that is operated by a county
or municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 38.14, Penal Code, is
amended to read as follows:
Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
OFFICER, EMPLOYEE OR OFFICIAL OF CERTAIN CORRECTIONAL FACILITIES,
PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER.
SECTION 2. Sections 38.14(b), (c), (d), and (e), Penal
Code, are amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly and with force takes or attempts to take from a peace
officer, employee or official of a correctional facility that is
operated by a county or municipality, parole officer, or community
supervision and corrections department officer the officer's,
employee's, or official's firearm, nightstick, stun gun, or
personal protection chemical dispensing device with the intention
of harming the officer, employee, or official or a third person.
(c) The actor is presumed to have known that the peace
officer, employee or official of a correctional facility that is
operated by a county or municipality, parole officer, or community
supervision and corrections department officer was a peace officer,
employee or official of a correctional facility that is operated by
a county or municipality, parole officer, or community supervision
and corrections department officer if:
(1) the officer, employee, or official was wearing a
distinctive uniform or badge indicating his employment;[,] or
(2) [if] the officer, employee, or official identified
himself as a peace officer, employee or official of a correctional
facility that is operated by a county or municipality, parole
officer, or community supervision and corrections department
officer.
(d) It is a defense to prosecution under this section that
the defendant took or attempted to take the weapon from a peace
officer, employee or official of a correctional facility that is
operated by a county or municipality, parole officer, or community
supervision and corrections department officer who was using force
against the defendant or another in excess of the amount of force
permitted by law.
(e) An offense under this section is:
(1) a felony of the third degree, if the defendant took
a weapon described by Subsection (b) from an officer, employee, or
official described by that subsection; [Subsection (b)] and
(2) [is] a state jail felony, if the defendant
attempted to take a [the] weapon described by Subsection (b) from an
[the] officer, employee, or official described by that subsection.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2009.