| 1 | 1 | | 81R5628 HLT-D |
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| 2 | 2 | | By: Bohac H.B. No. 1721 |
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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 taking or attempting to take a weapon from an employee |
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| 8 | 8 | | or official of a correctional facility that is operated by a county |
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| 9 | 9 | | or municipality. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 38.14, Penal Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE |
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| 14 | 14 | | OFFICER, EMPLOYEE OR OFFICIAL OF CERTAIN CORRECTIONAL FACILITIES, |
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| 15 | 15 | | PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS |
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| 16 | 16 | | DEPARTMENT OFFICER. |
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| 17 | 17 | | SECTION 2. Sections 38.14(b), (c), (d), and (e), Penal |
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| 18 | 18 | | Code, are amended to read as follows: |
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| 19 | 19 | | (b) A person commits an offense if the person intentionally |
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| 20 | 20 | | or knowingly and with force takes or attempts to take from a peace |
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| 21 | 21 | | officer, employee or official of a correctional facility that is |
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| 22 | 22 | | operated by a county or municipality, parole officer, or community |
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| 23 | 23 | | supervision and corrections department officer the officer's, |
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| 24 | 24 | | employee's, or official's firearm, nightstick, stun gun, or |
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| 25 | 25 | | personal protection chemical dispensing device with the intention |
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| 26 | 26 | | of harming the officer, employee, or official or a third person. |
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| 27 | 27 | | (c) The actor is presumed to have known that the peace |
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| 28 | 28 | | officer, employee or official of a correctional facility that is |
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| 29 | 29 | | operated by a county or municipality, parole officer, or community |
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| 30 | 30 | | supervision and corrections department officer was a peace officer, |
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| 31 | 31 | | employee or official of a correctional facility that is operated by |
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| 32 | 32 | | a county or municipality, parole officer, or community supervision |
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| 33 | 33 | | and corrections department officer if: |
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| 34 | 34 | | (1) the officer, employee, or official was wearing a |
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| 35 | 35 | | distinctive uniform or badge indicating his employment;[,] or |
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| 36 | 36 | | (2) [if] the officer, employee, or official identified |
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| 37 | 37 | | himself as a peace officer, employee or official of a correctional |
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| 38 | 38 | | facility that is operated by a county or municipality, parole |
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| 39 | 39 | | officer, or community supervision and corrections department |
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| 40 | 40 | | officer. |
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| 41 | 41 | | (d) It is a defense to prosecution under this section that |
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| 42 | 42 | | the defendant took or attempted to take the weapon from a peace |
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| 43 | 43 | | officer, employee or official of a correctional facility that is |
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| 44 | 44 | | operated by a county or municipality, parole officer, or community |
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| 45 | 45 | | supervision and corrections department officer who was using force |
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| 46 | 46 | | against the defendant or another in excess of the amount of force |
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| 47 | 47 | | permitted by law. |
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| 48 | 48 | | (e) An offense under this section is: |
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| 49 | 49 | | (1) a felony of the third degree, if the defendant took |
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| 50 | 50 | | a weapon described by Subsection (b) from an officer, employee, or |
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| 51 | 51 | | official described by that subsection; [Subsection (b)] and |
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| 52 | 52 | | (2) [is] a state jail felony, if the defendant |
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| 53 | 53 | | attempted to take a [the] weapon described by Subsection (b) from an |
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| 54 | 54 | | [the] officer, employee, or official described by that subsection. |
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| 55 | 55 | | SECTION 3. The change in law made by this Act applies only |
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| 56 | 56 | | to an offense committed on or after the effective date of this Act. |
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| 57 | 57 | | An offense committed before the effective date of this Act is |
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| 58 | 58 | | governed by the law in effect at the time the offense was committed, |
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| 59 | 59 | | and the former law is continued in effect for that purpose. For |
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| 60 | 60 | | purposes of this section, an offense was committed before the |
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| 61 | 61 | | effective date of this Act if any element of the offense occurred |
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| 62 | 62 | | before that date. |
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| 63 | 63 | | SECTION 4. This Act takes effect September 1, 2009. |
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