| 1 | 1 | | 84R7910 MEW-D |
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| 2 | 2 | | By: Villalba H.B. No. 2918 |
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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 the prosecution of the offense of interference with |
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| 8 | 8 | | public duties; increasing a penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.15, Penal Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (e) and adding Subsections (f) and (g) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (b) An offense under this section is a Class B misdemeanor, |
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| 14 | 14 | | except that an offense under Subsection (a)(1) that is based on |
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| 15 | 15 | | conduct described by Subsection (f)(2) is a Class A misdemeanor. |
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| 16 | 16 | | (e) In this section: |
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| 17 | 17 | | (1) "Emergency" [, "emergency"] means a condition or |
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| 18 | 18 | | circumstance in which an individual is or is reasonably believed by |
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| 19 | 19 | | the person transmitting the communication to be in imminent danger |
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| 20 | 20 | | of serious bodily injury or in which property is or is reasonably |
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| 21 | 21 | | believed by the person transmitting the communication to be in |
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| 22 | 22 | | imminent danger of damage or destruction. |
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| 23 | 23 | | (2) "News media" means: |
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| 24 | 24 | | (A) a radio or television station that holds a |
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| 25 | 25 | | license issued by the Federal Communications Commission; |
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| 26 | 26 | | (B) a newspaper that is qualified under Section |
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| 27 | 27 | | 2051.044, Government Code, to publish legal notices or is a free |
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| 28 | 28 | | newspaper of general circulation and that is published at least |
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| 29 | 29 | | once a week and available and of interest to the general public in |
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| 30 | 30 | | connection with the dissemination of news or public affairs; or |
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| 31 | 31 | | (C) a magazine that appears at a regular |
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| 32 | 32 | | interval, that contains stories, articles, and essays by various |
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| 33 | 33 | | writers, and that is available and of interest to the general public |
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| 34 | 34 | | in connection with the dissemination of news or public affairs. |
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| 35 | 35 | | (f) For purposes of Subsection (a)(1), an interruption, |
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| 36 | 36 | | disruption, impediment, or interference that occurs while a peace |
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| 37 | 37 | | officer is performing a duty or exercising authority imposed or |
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| 38 | 38 | | granted by law includes a person: |
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| 39 | 39 | | (1) filming, recording, photographing, or documenting |
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| 40 | 40 | | the officer within 25 feet of the officer; or |
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| 41 | 41 | | (2) filming, recording, photographing, or documenting |
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| 42 | 42 | | the officer within 100 feet of the officer while carrying a handgun |
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| 43 | 43 | | under the authority of Subchapter H, Chapter 411, Government Code. |
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| 44 | 44 | | (g) It is a defense to prosecution for an offense under |
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| 45 | 45 | | Subsection (a)(1) based on conduct described by Subsection (f)(2) |
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| 46 | 46 | | that the interruption, disruption, impediment, or interference was |
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| 47 | 47 | | caused by a person who, at the time of the offense, was: |
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| 48 | 48 | | (1) a news media employee acting in the course and |
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| 49 | 49 | | scope of the person's employment; or |
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| 50 | 50 | | (2) employed by or working with an organization or |
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| 51 | 51 | | entity engaged in law enforcement activities. |
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| 52 | 52 | | SECTION 2. The change in law made by this Act applies only |
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| 53 | 53 | | to an offense committed on or after the effective date of this Act. |
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| 54 | 54 | | An offense committed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect on the date the offense was committed, |
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| 56 | 56 | | and the former law is continued in effect for that purpose. For |
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| 57 | 57 | | purposes of this section, an offense was committed before the |
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| 58 | 58 | | effective date of this Act if any element of the offense occurred |
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| 59 | 59 | | before that date. |
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| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2015. |
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