| 1 | 1 | | 82R5108 NAJ-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 783 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain offenses that involve impersonating a peace |
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| 8 | 8 | | officer or other public servant and misrepresenting the nature of |
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| 9 | 9 | | certain property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 37.11(b), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) An offense under this section is a felony of the third |
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| 14 | 14 | | degree, except that an offense under this section is a felony of the |
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| 15 | 15 | | second degree if the actor commits the offense with the intent to |
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| 16 | 16 | | commit an offense in addition to the offense under this section. |
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| 17 | 17 | | SECTION 2. Sections 37.12(a), (b), and (d), Penal Code, are |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | (a) A person commits an offense if: |
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| 20 | 20 | | (1) the person makes, provides to another person, or |
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| 21 | 21 | | possesses a uniform, card, document, badge, insignia, shoulder |
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| 22 | 22 | | emblem, or other item bearing an insignia of a law enforcement |
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| 23 | 23 | | agency that identifies a person as a peace officer or a reserve law |
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| 24 | 24 | | enforcement officer; and |
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| 25 | 25 | | (2) the person who makes, provides, or possesses the |
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| 26 | 26 | | item bearing the insignia knows that the person so identified by the |
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| 27 | 27 | | item is not commissioned as a peace officer or reserve law |
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| 28 | 28 | | enforcement officer as indicated on the item. |
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| 29 | 29 | | (b) It is a defense to prosecution under this section that: |
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| 30 | 30 | | (1) the uniform, card, document, badge, insignia, |
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| 31 | 31 | | shoulder emblem, or other item bearing an insignia of a law |
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| 32 | 32 | | enforcement agency clearly identifies the person as an honorary or |
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| 33 | 33 | | junior peace officer or reserve law enforcement officer, or as a |
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| 34 | 34 | | member of a junior posse; |
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| 35 | 35 | | (2) the person identified as a peace officer or |
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| 36 | 36 | | reserve law enforcement officer by the item bearing the insignia |
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| 37 | 37 | | was commissioned in that capacity when the item was made; or |
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| 38 | 38 | | (3) the item was used or intended for use exclusively |
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| 39 | 39 | | for decorative purposes or in an artistic or dramatic presentation. |
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| 40 | 40 | | (d) A person commits an offense if the person intentionally |
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| 41 | 41 | | or knowingly misrepresents an object, including a uniform, as |
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| 42 | 42 | | property belonging to a law enforcement agency. |
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| 43 | 43 | | SECTION 3. The changes in law made by this Act apply only to |
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| 44 | 44 | | an offense committed on or after the effective date of this Act. An |
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| 45 | 45 | | offense committed before the effective date of this Act is governed |
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| 46 | 46 | | by the law in effect on the date the offense was committed, and the |
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| 47 | 47 | | former law is continued in effect for that purpose. For purposes of |
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| 48 | 48 | | this section, an offense was committed before the effective date of |
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| 49 | 49 | | this Act if any element of the offense occurred before that date. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2011. |
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