| 1 | | - | By: Turner of Tarrant, et al. H.B. No. 1061 |
|---|
| 2 | | - | (Senate Sponsor - Whitmire) |
|---|
| 3 | | - | (In the Senate - Received from the House April 27, 2015; |
|---|
| 4 | | - | May 4, 2015, read first time and referred to Committee on Criminal |
|---|
| 5 | | - | Justice; May 21, 2015, reported favorably by the following vote: |
|---|
| 6 | | - | Yeas 7, Nays 0; May 21, 2015, sent to printer.) |
|---|
| 7 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 1061 |
|---|
| 11 | 4 | | AN ACT |
|---|
| 12 | 5 | | relating to the prosecution of the offense of interference with |
|---|
| 13 | 6 | | public duties. |
|---|
| 14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 8 | | SECTION 1. Section 38.15, Penal Code, is amended by adding |
|---|
| 16 | 9 | | Subsections (d-1) and (d-2) to read as follows: |
|---|
| 17 | 10 | | (d-1) Except as provided by Subsection (d-2), in a |
|---|
| 18 | 11 | | prosecution for an offense under Subsection (a)(1), there is a |
|---|
| 19 | 12 | | rebuttable presumption that the actor interferes with a peace |
|---|
| 20 | 13 | | officer if it is shown on the trial of the offense that the actor |
|---|
| 21 | 14 | | intentionally disseminated the home address, home telephone |
|---|
| 22 | 15 | | number, emergency contact information, or social security number of |
|---|
| 23 | 16 | | the officer or a family member of the officer or any other |
|---|
| 24 | 17 | | information that is specifically described by Section 552.117(a), |
|---|
| 25 | 18 | | Government Code. |
|---|
| 26 | 19 | | (d-2) The presumption in Subsection (d-1) does not apply to |
|---|
| 27 | 20 | | information disseminated by: |
|---|
| 28 | 21 | | (1) a radio or television station that holds a license |
|---|
| 29 | 22 | | issued by the Federal Communications Commission; or |
|---|
| 30 | 23 | | (2) a newspaper that is: |
|---|
| 31 | 24 | | (A) a free newspaper of general circulation or |
|---|
| 32 | 25 | | qualified to publish legal notices; |
|---|
| 33 | 26 | | (B) published at least once a week; and |
|---|
| 34 | 27 | | (C) available and of interest to the general |
|---|
| 35 | 28 | | public. |
|---|
| 36 | 29 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 37 | 30 | | to an offense committed on or after the effective date of this Act. |
|---|
| 38 | 31 | | An offense committed before the effective date of this Act is |
|---|
| 39 | 32 | | governed by the law in effect on the date the offense was committed, |
|---|
| 40 | 33 | | and the former law is continued in effect for that purpose. For |
|---|
| 41 | 34 | | purposes of this section, an offense was committed before the |
|---|
| 42 | 35 | | effective date of this Act if any element of the offense occurred |
|---|
| 43 | 36 | | before that date. |
|---|
| 44 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|
| 45 | | - | * * * * * |
|---|
| 38 | + | ______________________________ ______________________________ |
|---|
| 39 | + | President of the Senate Speaker of the House |
|---|
| 40 | + | I certify that H.B. No. 1061 was passed by the House on April |
|---|
| 41 | + | 23, 2015, by the following vote: Yeas 137, Nays 3, 2 present, not |
|---|
| 42 | + | voting. |
|---|
| 43 | + | ______________________________ |
|---|
| 44 | + | Chief Clerk of the House |
|---|
| 45 | + | I certify that H.B. No. 1061 was passed by the Senate on May |
|---|
| 46 | + | 22, 2015, by the following vote: Yeas 31, Nays 0. |
|---|
| 47 | + | ______________________________ |
|---|
| 48 | + | Secretary of the Senate |
|---|
| 49 | + | APPROVED: _____________________ |
|---|
| 50 | + | Date |
|---|
| 51 | + | _____________________ |
|---|
| 52 | + | Governor |
|---|