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1 | 1 | 85R6429 SMT-D | |
2 | 2 | By: Dutton H.B. No. 1219 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the charging instrument in the prosecution of the | |
8 | 8 | offense of resisting arrest. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Chapter 21, Code of Criminal Procedure, is | |
11 | 11 | amended by adding Article 21.151 to read as follows: | |
12 | 12 | Art. 21.151. RESISTING ARREST. The complaint, information, | |
13 | 13 | or indictment in the prosecution of a criminal case in which a | |
14 | 14 | person is alleged to have resisted arrest under Section 38.03, | |
15 | 15 | Penal Code, must state the underlying offense for which the person | |
16 | 16 | was resisting arrest. | |
17 | 17 | SECTION 2. The change in law made by this Act applies only | |
18 | 18 | to a criminal case in which the complaint, information, or | |
19 | 19 | indictment is presented to the court on or after the effective date | |
20 | 20 | of this Act. A criminal case in which the complaint, information, or | |
21 | 21 | indictment was presented to the court before the effective date of | |
22 | 22 | this Act is governed by the law in effect when the complaint, | |
23 | 23 | information, or indictment was presented, and the former law is | |
24 | 24 | continued in effect for that purpose. | |
25 | 25 | SECTION 3. This Act takes effect September 1, 2017. |