Texas 2017 - 85th Regular

Texas House Bill HB2908 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hunter, et al. (Senate Sponsor - Huffman) H.B. No. 2908
2		-	(In the Senate - Received from the House May 15, 2017;
3		-	May 15, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 1; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2908
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the punishment for a criminal offense committed against
12	6		a person because of bias or prejudice on the basis of status as a
13	7		peace officer or judge; increasing a criminal penalty.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Article 42.014(a), Code of Criminal Procedure,
16	10		is amended to read as follows:
17	11		(a) In the trial of an offense under Title 5, Penal Code, or
18	12		Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
19	13		affirmative finding of fact and enter the affirmative finding in
20	14		the judgment of the case if at the guilt or innocence phase of the
21	15		trial, the judge or the jury, whichever is the trier of fact,
22	16		determines beyond a reasonable doubt that the defendant
23	17		intentionally selected the person against whom the offense was
24	18		committed, or intentionally selected the person's property that was
25	19		damaged or affected as a result of the offense, because of the
26	20		defendant's bias or prejudice against a group identified by race,
27	21		color, disability, religion, national origin or ancestry, age,
28	22		gender, or sexual preference or by status as a peace officer or
29	23		judge.
30	24		SECTION 2. Section 20.02(c), Penal Code, is amended to read
31	25		as follows:
32	26		(c) An offense under this section is a Class A misdemeanor,
33	27		except that the offense is:
34	28		(1) a state jail felony if the person restrained was a
35	29		child younger than 17 years of age; [or]
36	30		(2) a felony of the third degree if:
37	31		(A) the actor recklessly exposes the victim to a
38	32		substantial risk of serious bodily injury;
39	33		(B) the actor restrains an individual the actor
40	34		knows is a public servant while the public servant is lawfully
41	35		discharging an official duty or in retaliation or on account of an
42	36		exercise of official power or performance of an official duty as a
43	37		public servant; or
44	38		(C) the actor while in custody restrains any
45	39		other person; or
46	40		(3) notwithstanding Subdivision (2)(B), a felony of
47	41		the second degree if the actor restrains an individual the actor
48	42		knows is a peace officer or judge while the officer or judge is
49	43		lawfully discharging an official duty or in retaliation or on
50	44		account of an exercise of official power or performance of an
51	45		official duty as a peace officer or judge.
52	46		SECTION 3. Section 22.01, Penal Code, is amended by adding
53	47		Subsection (b-2) to read as follows:
54	48		(b-2) Notwithstanding Subsection (b)(1), an offense under
55	49		Subsection (a)(1) is a felony of the second degree if the offense is
56	50		committed against a person the actor knows is a peace officer or
57	51		judge while the officer or judge is lawfully discharging an
58	52		official duty or in retaliation or on account of an exercise of
59	53		official power or performance of an official duty as a peace officer
60	54		or judge.
61	55		SECTION 4. Section 22.07, Penal Code, is amended by adding
62	56		Subsection (c-1) to read as follows:
63	57		(c-1) Notwithstanding Subsection (c)(2), an offense under
64	58		Subsection (a)(2) is a state jail felony if the offense is committed
65	59		against a person the actor knows is a peace officer or judge.
66	60		SECTION 5. Section 49.09(b-1), Penal Code, is amended to
67	61		read as follows:
68	62		(b-1) An offense under Section 49.07 is:
69	63		(1) a felony of the second degree if it is shown on the
70	64		trial of the offense that the person caused serious bodily injury to
71	65		[a peace officer,] a firefighter[,] or emergency medical services
72	66		personnel while in the actual discharge of an official duty; or
73	67		(2) a felony of the first degree if it is shown on the
74	68		trial of the offense that the person caused serious bodily injury to
75	69		a peace officer or judge while the officer or judge was in the
76	70		actual discharge of an official duty.
77	71		SECTION 6. The changes in law made by this Act apply only to
78	72		an offense committed on or after the effective date of this Act. An
79	73		offense committed before the effective date of this Act is governed
80	74		by the law in effect on the date the offense was committed, and the
81	75		former law is continued in effect for that purpose. For purposes of
82	76		this section, an offense was committed before the effective date of
83	77		this Act if any element of the offense occurred before that date.
84	78		SECTION 7. This Act takes effect September 1, 2017.
85		-	* * * * *
	79	+	______________________________ ______________________________
	80	+	President of the Senate Speaker of the House
	81	+	I certify that H.B. No. 2908 was passed by the House on May
	82	+	12, 2017, by the following vote: Yeas 141, Nays 1, 2 present, not
	83	+	voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	I certify that H.B. No. 2908 was passed by the Senate on May
	87	+	23, 2017, by the following vote: Yeas 31, Nays 0.
	88	+	______________________________
	89	+	Secretary of the Senate
	90	+	APPROVED: _____________________
	91	+	Date
	92	+	_____________________
	93	+	Governor