Texas 2011 - 82nd Regular

Texas House Bill HB3423 Compare Versions

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1	1	By: Lozano (Senate Sponsor - Hinojosa) H.B. No. 3423
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on
4	4	Transportation and Homeland Security; May 21, 2011, reported
5	5	favorably by the following vote: Yeas 6, Nays 0; May 21, 2011, sent
6	6	to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to certain criminal offenses committed in relation to a
12	12	federal special investigator; providing criminal penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 1.07(a), Penal Code, is amended by
15	15	adding Subdivision (46-b) to read as follows:
16	16	(46-b) "Federal special investigator" means a person
17	17	described by Article 2.122, Code of Criminal Procedure.
18	18	SECTION 2. The heading to Section 37.08, Penal Code, is
19	19	amended to read as follows:
20	20	Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL
21	21	INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE.
22	22	SECTION 3. Section 37.08(a), Penal Code, is amended to read
23	23	as follows:
24	24	(a) A person commits an offense if, with intent to deceive,
25	25	he knowingly makes a false statement that is material to a criminal
26	26	investigation and makes the statement to:
27	27	(1) a peace officer or federal special investigator
28	28	conducting the investigation; or
29	29	(2) any employee of a law enforcement agency that is
30	30	authorized by the agency to conduct the investigation and that the
31	31	actor knows is conducting the investigation.
32	32	SECTION 4. Sections 38.04(a) and (b), Penal Code, are
33	33	amended to read as follows:
34	34	(a) A person commits an offense if he intentionally flees
35	35	from a person he knows is a peace officer or federal special
36	36	investigator attempting lawfully to arrest or detain him.
37	37	(b) An offense under this section is a Class A misdemeanor,
38	38	except that the offense is:
39	39	(1) a state jail felony if:
40	40	(A) the actor has been previously convicted under
41	41	this section; or
42	42	(B) the actor uses a vehicle while the actor is in
43	43	flight and the actor has not been previously convicted under this
44	44	section;
45	45	(2) a felony of the third degree if:
46	46	(A) the actor uses a vehicle while the actor is in
47	47	flight and the actor has been previously convicted under this
48	48	section; or
49	49	(B) another suffers serious bodily injury as a
50	50	direct result of an attempt by the officer or investigator from whom
51	51	the actor is fleeing to apprehend the actor while the actor is in
52	52	flight; or
53	53	(3) a felony of the second degree if another suffers
54	54	death as a direct result of an attempt by the officer or
55	55	investigator from whom the actor is fleeing to apprehend the actor
56	56	while the actor is in flight.
57	57	SECTION 5. The heading to Section 38.14, Penal Code, is
58	58	amended to read as follows:
59	59	Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
60	60	OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF
61	61	CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND
62	62	CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.
63	63	SECTION 6. Sections 38.14(b), (c), (d), and (e), Penal
64	64	Code, are amended to read as follows:
65	65	(b) A person commits an offense if the person intentionally
66	66	or knowingly and with force takes or attempts to take from a peace
67	67	officer, federal special investigator, employee or official of a
68	68	correctional facility, parole officer, community supervision and
69	69	corrections department officer, or commissioned security officer
70	70	the officer's, investigator's, employee's, or official's firearm,
71	71	nightstick, stun gun, or personal protection chemical dispensing
72	72	device with the intention of harming the officer, investigator,
73	73	employee, or official or a third person.
74	74	(c) The actor is presumed to have known that the peace
75	75	officer, federal special investigator, employee or official of a
76	76	correctional facility, parole officer, community supervision and
77	77	corrections department officer, or commissioned security officer
78	78	was a peace officer, federal special investigator, employee or
79	79	official of a correctional facility, parole officer, community
80	80	supervision and corrections department officer, or commissioned
81	81	security officer if:
82	82	(1) the officer, investigator, employee, or official
83	83	was wearing a distinctive uniform or badge indicating his
84	84	employment; or
85	85	(2) the officer, investigator, employee, or official
86	86	identified himself as a peace officer, federal special
87	87	investigator, employee or official of a correctional facility,
88	88	parole officer, community supervision and corrections department
89	89	officer, or commissioned security officer.
90	90	(d) It is a defense to prosecution under this section that
91	91	the defendant took or attempted to take the weapon from a peace
92	92	officer, federal special investigator, employee or official of a
93	93	correctional facility, parole officer, community supervision and
94	94	corrections department officer, or commissioned security officer
95	95	who was using force against the defendant or another in excess of
96	96	the amount of force permitted by law.
97	97	(e) An offense under this section is:
98	98	(1) a felony of the third degree, if the defendant took
99	99	a weapon described by Subsection (b) from an officer, investigator,
100	100	employee, or official described by that subsection; and
101	101	(2) a state jail felony, if the defendant attempted to
102	102	take a weapon described by Subsection (b) from an officer,
103	103	investigator, employee, or official described by that subsection.
104	104	SECTION 7. This Act takes effect September 1, 2011.
105	105	* * * * *