H.B. No. 3423
AN ACT
relating to certain criminal offenses committed in relation to a
federal special investigator; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.07(a), Penal Code, is amended by
adding Subdivision (46-b) to read as follows:
(46-b) "Federal special investigator" means a person
described by Article 2.122, Code of Criminal Procedure.
SECTION 2. The heading to Section 37.08, Penal Code, is
amended to read as follows:
Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL
INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.
SECTION 3. Section 37.08(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, with intent to deceive,
he knowingly makes a false statement that is material to a criminal
investigation and makes the statement to:
(1) a peace officer or federal special investigator
conducting the investigation; or
(2) any employee of a law enforcement agency that is
authorized by the agency to conduct the investigation and that the
actor knows is conducting the investigation.
SECTION 4. Sections 38.04(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if he intentionally flees
from a person he knows is a peace officer or federal special
investigator attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if:
(A) the actor has been previously convicted under
this section; or
(B) the actor uses a vehicle while the actor is in
flight and the actor has not been previously convicted under this
section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer or investigator from whom
the actor is fleeing to apprehend the actor while the actor is in
flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer or
investigator from whom the actor is fleeing to apprehend the actor
while the actor is in flight.
SECTION 5. 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, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF
CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND
CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.
SECTION 6. Sections 38.14(b), (c), (d), and (e), 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, federal special investigator, employee or official of a
correctional facility, parole officer, community supervision and
corrections department officer, or commissioned security officer
the officer's, investigator's, employee's, or official's firearm,
nightstick, stun gun, or personal protection chemical dispensing
device with the intention of harming the officer, investigator,
employee, or official or a third person.
(c) The actor is presumed to have known that the peace
officer, federal special investigator, employee or official of a
correctional facility, parole officer, community supervision and
corrections department officer, or commissioned security officer
was a peace officer, federal special investigator, employee or
official of a correctional facility, parole officer, community
supervision and corrections department officer, or commissioned
security officer if:
(1) the officer, investigator, employee, or official
was wearing a distinctive uniform or badge indicating his
employment; or
(2) the officer, investigator, employee, or official
identified himself as a peace officer, federal special
investigator, employee or official of a correctional facility,
parole officer, 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, federal special investigator, employee or official of a
correctional facility, parole officer, 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.
(e) An offense under this section is:
(1) a felony of the third degree, if the defendant took
a weapon described by Subsection (b) from an officer, investigator,
employee, or official described by that subsection; and
(2) a state jail felony, if the defendant attempted to
take a weapon described by Subsection (b) from an officer,
investigator, employee, or official described by that subsection.
SECTION 7. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3423 was passed by the House on May
13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3423 was passed by the Senate on May
24, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor