Relating to certain offenses that involve impersonating a peace officer or other public servant and misrepresenting the nature of certain property.
Impact
With the amendment of existing laws, HB 783 proposes significant changes to how impersonation offenses are categorized and penalized. For instance, it stipulates that an offense committed with the intent to further another crime would elevate the charge from a third-degree felony to a second-degree felony. These changes are designed to enhance the legal framework regarding the protection of law enforcement identities and properties, therefore facilitating stronger enforcement against those who would exploit such symbols for unlawful purposes.
Summary
House Bill 783 addresses issues related to impersonation of peace officers and other public servants, as well as the misrepresentation of property associated with law enforcement. The bill aims to amend the Penal Code to establish clearer definitions and penalties concerning these offenses. Specifically, it modifies sections of the law that clarify the nature of certain actions related to the unauthorized use of law enforcement insignia or property. This includes making, providing, or possessing items that misrepresent an individual as a commissioned officer when they are not authorized in that capacity.
Contention
The primary points of contention surrounding HB 783 relate to the balance between enforcing the law on impersonation and ensuring that legitimate expressions, such as those for artistic or honorary purposes, are not unduly burdened. The bill includes specific defenses against prosecution, allowing for certain exceptions that might apply to individuals using insignia for decorative or dramatic reasons. Opponents may argue that while strengthening penalties is beneficial, it should also ensure that the legal language does not inadvertently penalize lawful expressions or activities.
Effectiveness
The provisions of HB 783 will come into effect on September 1, 2011, and will only pertain to offenses committed after that date. This stipulation aims to clarify how the law will be applied moving forward, while offenses that occurred prior to the enactment of the bill will be judged based on the laws that were in place at that time. By doing this, the bill underscores the importance of its changes and their implications for future cases involving impersonation and misrepresentation.
Relating to official oppression and to law enforcement policies requiring peace officers to report certain peace officer misconduct; creating a criminal offense.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to a defense to prosecution for certain assaultive offenses involving the use or exhibition of a less-lethal projectile device by a peace officer.
Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.