| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the prosecution of the offense of obstruction or |
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| 8 | 6 | | retaliation; creating a criminal offense. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Article 38.49(e), Code of Criminal Procedure, is |
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| 11 | 9 | | amended to read as follows: |
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| 12 | 10 | | (e) A conviction for an offense under Section 36.05 or |
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| 13 | 11 | | 36.06(a) [36.06], Penal Code, creates a presumption of forfeiture |
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| 14 | 12 | | by wrongdoing under this article. |
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| 15 | 13 | | SECTION 2. Section 36.06, Penal Code, is amended to read as |
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| 16 | 14 | | follows: |
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| 17 | 15 | | Sec. 36.06. OBSTRUCTION OR RETALIATION. (a) A person |
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| 18 | 16 | | commits an offense if the person [he] intentionally or knowingly |
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| 19 | 17 | | harms or threatens to harm another by an unlawful act: |
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| 20 | 18 | | (1) in retaliation for or on account of the service or |
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| 21 | 19 | | status of another as a: |
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| 22 | 20 | | (A) public servant, witness, prospective |
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| 23 | 21 | | witness, or informant; or |
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| 24 | 22 | | (B) person who has reported or who the actor |
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| 25 | 23 | | knows intends to report the occurrence of a crime; or |
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| 26 | 24 | | (2) to prevent or delay the service of another as a: |
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| 27 | 25 | | (A) public servant, witness, prospective |
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| 28 | 26 | | witness, or informant; or |
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| 29 | 27 | | (B) person who has reported or who the actor |
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| 30 | 28 | | knows intends to report the occurrence of a crime. |
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| 31 | 29 | | (a-1) A person commits an offense if the person posts on a |
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| 32 | 30 | | publicly accessible website the residence address or telephone |
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| 33 | 31 | | number of an individual the actor knows is a public servant or a |
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| 34 | 32 | | member of a public servant's family or household with the intent to |
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| 35 | 33 | | cause harm or a threat of harm to the individual or a member of the |
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| 36 | 34 | | individual's family or household in retaliation for or on account |
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| 37 | 35 | | of the service or status of the individual as a public servant. |
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| 38 | 36 | | (b) In this section: |
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| 39 | 37 | | (1) "Honorably retired peace officer" means a peace |
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| 40 | 38 | | officer who: |
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| 41 | 39 | | (A) did not retire in lieu of any disciplinary |
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| 42 | 40 | | action; |
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| 43 | 41 | | (B) was eligible to retire from a law enforcement |
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| 44 | 42 | | agency or was ineligible to retire only as a result of an injury |
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| 45 | 43 | | received in the course of the officer's employment with the agency; |
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| 46 | 44 | | and |
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| 47 | 45 | | (C) is entitled to receive a pension or annuity |
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| 48 | 46 | | for service as a law enforcement officer or is not entitled to |
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| 49 | 47 | | receive a pension or annuity only because the law enforcement |
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| 50 | 48 | | agency that employed the officer does not offer a pension or annuity |
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| 51 | 49 | | to its employees. |
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| 52 | 50 | | (2) "Informant" means a person who has communicated |
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| 53 | 51 | | information to the government in connection with any governmental |
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| 54 | 52 | | function. |
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| 55 | 53 | | (3) "Public servant" has the meaning assigned by |
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| 56 | 54 | | Section 1.07, except that the term also includes an honorably |
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| 57 | 55 | | retired peace officer. |
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| 58 | 56 | | (c) An offense under this section is a felony of the third |
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| 59 | 57 | | degree, except that the offense is a felony of the second degree if: |
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| 60 | 58 | | (1) [unless] the victim of the offense was harmed or |
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| 61 | 59 | | threatened because of the victim's service or status as a juror; or |
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| 62 | 60 | | (2) the actor's conduct is described by Subsection |
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| 63 | 61 | | (a-1) and results in the bodily injury of a public servant or a |
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| 64 | 62 | | member of a public servant's family or household[, in which event |
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| 65 | 63 | | the offense is a felony of the second degree]. |
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| 66 | 64 | | (d) For purposes of Subsection (a-1), it is prima facie |
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| 67 | 65 | | evidence of the intent to cause harm or a threat of harm to an |
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| 68 | 66 | | individual the person knows is a public servant or a member of a |
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| 69 | 67 | | public servant's family or household if the actor: |
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| 70 | 68 | | (1) receives a written demand from the individual to |
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| 71 | 69 | | not disclose the address or telephone number for reasons of safety; |
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| 72 | 70 | | and |
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| 73 | 71 | | (2) either: |
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| 74 | 72 | | (A) fails to remove the address or telephone |
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| 75 | 73 | | number from the publicly accessible website within a period of 48 |
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| 76 | 74 | | hours after receiving the demand; or |
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| 77 | 75 | | (B) reposts the address or telephone number on |
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| 78 | 76 | | the same or a different publicly accessible website, or makes the |
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| 79 | 77 | | information publicly available through another medium, within a |
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| 80 | 78 | | period of four years after receiving the demand, regardless of |
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| 81 | 79 | | whether the individual is no longer a public servant. |
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| 82 | 80 | | SECTION 3. The change in law made by this Act applies only |
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| 83 | 81 | | to an offense committed on or after the effective date of this Act. |
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| 84 | 82 | | An offense committed before the effective date of this Act is |
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| 85 | 83 | | governed by the law in effect on the date the offense was committed, |
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| 86 | 84 | | and the former law is continued in effect for that purpose. For |
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| 87 | 85 | | purposes of this section, an offense was committed before the |
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| 88 | 86 | | effective date of this Act if any element of the offense occurred |
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| 89 | 87 | | before that date. |
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| 90 | 88 | | SECTION 4. This Act takes effect September 1, 2015. |
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