82R5108 NAJ-D
By: Davis of Dallas H.B. No. 783
A BILL TO BE ENTITLED
AN ACT
relating to certain offenses that involve impersonating a peace
officer or other public servant and misrepresenting the nature of
certain property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.11(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree, except that an offense under this section is a felony of the
second degree if the actor commits the offense with the intent to
commit an offense in addition to the offense under this section.
SECTION 2. Sections 37.12(a), (b), and (d), Penal Code, are
amended to read as follows:
(a) A person commits an offense if:
(1) the person makes, provides to another person, or
possesses a uniform, card, document, badge, insignia, shoulder
emblem, or other item bearing an insignia of a law enforcement
agency that identifies a person as a peace officer or a reserve law
enforcement officer; and
(2) the person who makes, provides, or possesses the
item bearing the insignia knows that the person so identified by the
item is not commissioned as a peace officer or reserve law
enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the uniform, card, document, badge, insignia,
shoulder emblem, or other item bearing an insignia of a law
enforcement agency clearly identifies the person as an honorary or
junior peace officer or reserve law enforcement officer, or as a
member of a junior posse;
(2) the person identified as a peace officer or
reserve law enforcement officer by the item bearing the insignia
was commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively
for decorative purposes or in an artistic or dramatic presentation.
(d) A person commits an offense if the person intentionally
or knowingly misrepresents an object, including a uniform, as
property belonging to a law enforcement agency.
SECTION 3. The changes in law made by this Act apply 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 4. This Act takes effect September 1, 2011.