Texas 2009 - 81st Regular

Texas House Bill HB750 Compare Versions

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1	1	By: Davis of Dallas (Senate Sponsor - Hinojosa) H.B. No. 750
2	2	(In the Senate - Received from the House April 16, 2009;
3	3	April 27, 2009, read first time and referred to Committee on
4	4	Criminal Justice; May 20, 2009, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 20, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to certain offenses that involve impersonating a peace
11	11	officer or other public servant and misrepresenting the nature of
12	12	certain property.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 37.11(b), Penal Code, is amended to read
15	15	as follows:
16	16	(b) An offense under this section is a felony of the third
17	17	degree, except that an offense under this section is a felony of the
18	18	second degree if the actor commits the offense with the intent to
19	19	commit an offense in addition to the offense under this section.
20	20	SECTION 2. Sections 37.12(a), (b), and (d), Penal Code, are
21	21	amended to read as follows:
22	22	(a) A person commits an offense if:
23	23	(1) the person makes, provides to another person, or
24	24	possesses a uniform, card, document, badge, insignia, shoulder
25	25	emblem, or other item bearing an insignia of a law enforcement
26	26	agency that identifies a person as a peace officer or a reserve law
27	27	enforcement officer; and
28	28	(2) the person who makes, provides, or possesses the
29	29	item bearing the insignia knows that the person so identified by the
30	30	item is not commissioned as a peace officer or reserve law
31	31	enforcement officer as indicated on the item.
32	32	(b) It is a defense to prosecution under this section that:
33	33	(1) the uniform, card, document, badge, insignia,
34	34	shoulder emblem, or other item bearing an insignia of a law
35	35	enforcement agency clearly identifies the person as an honorary or
36	36	junior peace officer or reserve law enforcement officer, or as a
37	37	member of a junior posse;
38	38	(2) the person identified as a peace officer or
39	39	reserve law enforcement officer by the item bearing the insignia
40	40	was commissioned in that capacity when the item was made; or
41	41	(3) the item was used or intended for use exclusively
42	42	for decorative purposes or in an artistic or dramatic presentation.
43	43	(d) A person commits an offense if the person intentionally
44	44	or knowingly misrepresents an object, including a uniform, as
45	45	property belonging to a law enforcement agency.
46	46	SECTION 3. The changes in law made by this Act apply only to
47	47	an offense committed on or after the effective date of this Act. An
48	48	offense committed before the effective date of this Act is covered
49	49	by the law in effect at the time the offense was committed, and the
50	50	former law is continued in effect for that purpose. For purposes of
51	51	this section, an offense was committed before the effective date of
52	52	this Act if any element of the offense was committed before that
53	53	date.
54	54	SECTION 4. This Act takes effect September 1, 2009.
55	55	* * * * *