H.B. No. 3147
AN ACT
relating to taking or attempting to take a weapon from a
commissioned security officer.
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, PAROLE OFFICER, [OR] COMMUNITY SUPERVISION AND
CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.
SECTION 2. Section 38.14(a), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Commissioned security officer" has the meaning
assigned by Section 1702.002(5), Occupations Code.
SECTION 3. Sections 38.14(b), (c), and (d), 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, parole officer, [or] community supervision and
corrections department officer, or commissioned security officer
the officer's firearm, nightstick, stun gun, or personal protection
chemical dispensing device with the intention of harming the
officer or a third person.
(c) The actor is presumed to have known that the peace
officer, parole officer, [or] community supervision and
corrections department officer, or commissioned security officer
was a peace officer, parole officer, [or] community supervision and
corrections department officer, or commissioned security officer
if:
(1) the officer was wearing a distinctive uniform or
badge indicating his employment;[,] or
(2) [if] the officer identified himself as a peace
officer, parole officer, [or] community supervision and
corrections department officer, or commissioned security 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, parole officer, [or] community supervision and
corrections department officer, or commissioned security officer
who was using force against the defendant or another in excess of
the amount of force permitted by law.
SECTION 4. 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 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3147 was passed by the House on April
28, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3147 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor