Texas Senate Bill SB1401

Texas 2009 - 81st Regular

Caption

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.

Impact

The enactment of SB1401 will have a significant impact on the legal consequences for individuals who engage in such acts of aggression against correctional personnel. Under this bill, offenders could be charged with a felony of the third degree for successfully taking a weapon or a state jail felony for merely attempting to do so. This reinforces the status of correctional facility employees as individuals deserving of heightened legal protection while fulfilling their duties. Furthermore, the amendments clarify that defenses available in criminal prosecution are limited, particularly concerning the excessive use of force by officers.

Summary

SB1401 addresses the issue of individuals attempting to take weapons from employees or officials working in county or municipality-operated correctional facilities. This bill amends Section 38.14 of the Texas Penal Code, which outlines the offenses associated with this act. Specifically, it stipulates that if a person intentionally or knowingly attempts to take a weapon from a designated officer or official, such as a peace officer or corrections officer, with the intent to harm, they are committing an offense. This provides a legal framework to enhance the penalties for such actions against law enforcement and prison staff.

Contention

Debate surrounding SB1401 may arise regarding the implications of defining the threshold for 'attempting to take' versus 'taking' a weapon, as well as the adjustments made to the standard of proof relating to the identification of peace officers. Critics may express concern about the potential for abuse of power and overreach in enforcing these new provisions. Supporters, however, argue that the bill is a necessary step to safeguard those who work in correctional facilities from being under-protected in violent encounters. The bill's implications for self-defense cases will also likely come under scrutiny as it establishes stronger penalties.

Additional_notes

The changes made by SB1401 are applicable only to offenses committed after the act's effective date, which is set for September 1, 2009. Any infractions recorded prior to this date will be governed by the previous laws, making it essential for legal practitioners to stay updated on the transitions in penal provisions.