82R8143 SJM-D
By: Dutton H.B. No. 1640
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the offense of
official oppression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.03(a) and (d), Penal Code, are
amended to read as follows:
(a) A public servant acting under color of his office or
employment commits an offense if he:
(1) intentionally subjects another to mistreatment,
including excessive force, or to arrest, detention, search,
seizure, dispossession, assessment, or lien that he knows is
unlawful;
(2) intentionally denies or impedes another in the
exercise or enjoyment of any right, privilege, power, or immunity,
knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual
harassment.
(d) An offense under this section is a Class A misdemeanor,
except that an offense under Subsection (a)(1) is a felony of the
third degree if the actor is a peace officer.
SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2011.