84R7910 MEW-D
By: Villalba H.B. No. 2918
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of interference with
public duties; increasing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.15, Penal Code, is amended by
amending Subsections (b) and (e) and adding Subsections (f) and (g)
to read as follows:
(b) An offense under this section is a Class B misdemeanor,
except that an offense under Subsection (a)(1) that is based on
conduct described by Subsection (f)(2) is a Class A misdemeanor.
(e) In this section:
(1) "Emergency" [, "emergency"] means a condition or
circumstance in which an individual is or is reasonably believed by
the person transmitting the communication to be in imminent danger
of serious bodily injury or in which property is or is reasonably
believed by the person transmitting the communication to be in
imminent danger of damage or destruction.
(2) "News media" means:
(A) a radio or television station that holds a
license issued by the Federal Communications Commission;
(B) a newspaper that is qualified under Section
2051.044, Government Code, to publish legal notices or is a free
newspaper of general circulation and that is published at least
once a week and available and of interest to the general public in
connection with the dissemination of news or public affairs; or
(C) a magazine that appears at a regular
interval, that contains stories, articles, and essays by various
writers, and that is available and of interest to the general public
in connection with the dissemination of news or public affairs.
(f) For purposes of Subsection (a)(1), an interruption,
disruption, impediment, or interference that occurs while a peace
officer is performing a duty or exercising authority imposed or
granted by law includes a person:
(1) filming, recording, photographing, or documenting
the officer within 25 feet of the officer; or
(2) filming, recording, photographing, or documenting
the officer within 100 feet of the officer while carrying a handgun
under the authority of Subchapter H, Chapter 411, Government Code.
(g) It is a defense to prosecution for an offense under
Subsection (a)(1) based on conduct described by Subsection (f)(2)
that the interruption, disruption, impediment, or interference was
caused by a person who, at the time of the offense, was:
(1) a news media employee acting in the course and
scope of the person's employment; or
(2) employed by or working with an organization or
entity engaged in law enforcement activities.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2015.