By: Hunter, et al. (Senate Sponsor - Huffman) H.B. No. 2908
(In the Senate - Received from the House May 15, 2017;
May 15, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported favorably by the following vote:
Yeas 7, Nays 1; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for a criminal offense committed against
a person because of bias or prejudice on the basis of status as a
peace officer or judge; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.014(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In the trial of an offense under Title 5, Penal Code, or
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
affirmative finding of fact and enter the affirmative finding in
the judgment of the case if at the guilt or innocence phase of the
trial, the judge or the jury, whichever is the trier of fact,
determines beyond a reasonable doubt that the defendant
intentionally selected the person against whom the offense was
committed, or intentionally selected the person's property that was
damaged or affected as a result of the offense, because of the
defendant's bias or prejudice against a group identified by race,
color, disability, religion, national origin or ancestry, age,
gender, or sexual preference or by status as a peace officer or
judge.
SECTION 2. Section 20.02(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the person restrained was a
child younger than 17 years of age; [or]
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a
substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor
knows is a public servant while the public servant is lawfully
discharging an official duty or in retaliation or on account of an
exercise of official power or performance of an official duty as a
public servant; or
(C) the actor while in custody restrains any
other person; or
(3) notwithstanding Subdivision (2)(B), a felony of
the second degree if the actor restrains an individual the actor
knows is a peace officer or judge while the officer or judge is
lawfully discharging an official duty or in retaliation or on
account of an exercise of official power or performance of an
official duty as a peace officer or judge.
SECTION 3. Section 22.01, Penal Code, is amended by adding
Subsection (b-2) to read as follows:
(b-2) Notwithstanding Subsection (b)(1), an offense under
Subsection (a)(1) is a felony of the second degree if the offense is
committed against a person the actor knows is a peace officer or
judge while the officer or judge is lawfully discharging an
official duty or in retaliation or on account of an exercise of
official power or performance of an official duty as a peace officer
or judge.
SECTION 4. Section 22.07, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c)(2), an offense under
Subsection (a)(2) is a state jail felony if the offense is committed
against a person the actor knows is a peace officer or judge.
SECTION 5. Section 49.09(b-1), Penal Code, is amended to
read as follows:
(b-1) An offense under Section 49.07 is:
(1) a felony of the second degree if it is shown on the
trial of the offense that the person caused serious bodily injury to
[a peace officer,] a firefighter[,] or emergency medical services
personnel while in the actual discharge of an official duty; or
(2) a felony of the first degree if it is shown on the
trial of the offense that the person caused serious bodily injury to
a peace officer or judge while the officer or judge was in the
actual discharge of an official duty.
SECTION 6. The changes in law made by this Act apply 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 7. This Act takes effect September 1, 2017.
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