By: Bohac, Leibowitz (Senate Sponsor - Deuell) H.B. No. 1721
(In the Senate - Received from the House April 29, 2009;
May 1, 2009, read first time and referred to Committee on Criminal
Justice; May 14, 2009, reported favorably by the following vote:
Yeas 7, Nays 0; May 14, 2009, sent to printer.)
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.
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 CORRECTIONAL FACILITY, 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, 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, parole
officer, or community supervision and corrections department
officer was a peace officer, employee or official of a correctional
facility, 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, 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, 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.
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