Texas 2017 - 85th Regular

Texas Senate Bill SB1808 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11646 KJE-D
2	2	By: Huffman S.B. No. 1808
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the punishment for an offense committed
8	8	against a person because of bias or prejudice on the basis of
9	9	service as a peace officer and to an education campaign regarding
10	10	the importance of peace officers in the community.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.014(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) In the trial of an offense under Title 5, Penal Code, or
15	15	Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an
16	16	affirmative finding of fact and enter the affirmative finding in
17	17	the judgment of the case if at the guilt or innocence phase of the
18	18	trial, the judge or the jury, whichever is the trier of fact,
19	19	determines beyond a reasonable doubt that the defendant
20	20	intentionally selected the person against whom the offense was
21	21	committed, or intentionally selected the person's property that was
22	22	damaged or affected as a result of the offense, because of the
23	23	defendant's bias or prejudice against a group identified by race,
24	24	color, disability, religion, national origin or ancestry, age,
25	25	gender, or sexual preference or by service as a peace officer.
26	26	SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
27	27	amended by adding Section 1701.166 to read as follows:
28	28	Sec. 1701.166. EDUCATION CAMPAIGN. (a) The commission
29	29	shall develop and implement a campaign to educate children in this
30	30	state on the value that peace officers bring to a community.
31	31	(b) The commission may collaborate with any relevant state
32	32	agency in developing and implementing the campaign under this
33	33	section.
34	34	SECTION 3. Section 12.47, Penal Code, is amended to read as
35	35	follows:
36	36	Sec. 12.47. PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR
37	37	PREJUDICE. (a) If an affirmative finding under Article 42.014,
38	38	Code of Criminal Procedure, is made in the trial of an offense other
39	39	than a first degree felony or a Class A misdemeanor, the punishment
40	40	for the offense is increased to the punishment prescribed for the
41	41	next highest category of offense. If the offense is a Class A
42	42	misdemeanor, the minimum term of confinement for the offense is
43	43	increased to 180 days.
44	44	(b) This section does not apply to the trial of:
45	45	(1) an offense of injury to a disabled individual
46	46	under Section [Sec.] 22.04, if the affirmative finding in the case
47	47	under Article 42.014, Code of Criminal Procedure, shows that the
48	48	defendant intentionally selected the victim because the victim was
49	49	disabled; or
50	50	(2) an offense for which the punishment is subject to
51	51	enhancement based on the victim's service as a peace officer.
52	52	(c) [(b)] The attorney general, if requested to do so by a
53	53	prosecuting attorney, may assist the prosecuting attorney in the
54	54	investigation or prosecution of an offense committed because of
55	55	bias or prejudice. The attorney general shall designate one
56	56	individual in the division of the attorney general's office that
57	57	assists in the prosecution of criminal cases to coordinate
58	58	responses to requests made under this subsection.
59	59	SECTION 4. Section 20.02(c), Penal Code, is amended to read
60	60	as follows:
61	61	(c) An offense under this section is a Class A misdemeanor,
62	62	except that the offense is:
63	63	(1) a state jail felony if the person restrained was a
64	64	child younger than 17 years of age; [or]
65	65	(2) a felony of the third degree if:
66	66	(A) the actor recklessly exposes the victim to a
67	67	substantial risk of serious bodily injury;
68	68	(B) the actor restrains an individual the actor
69	69	knows is a public servant while the public servant is lawfully
70	70	discharging an official duty or in retaliation or on account of an
71	71	exercise of official power or performance of an official duty as a
72	72	public servant; or
73	73	(C) the actor while in custody restrains any
74	74	other person; or
75	75	(3) notwithstanding Subdivision (2)(B), a felony of
76	76	the second degree if the actor restrains an individual the actor
77	77	knows is a peace officer while the officer is lawfully discharging
78	78	an official duty or in retaliation or on account of an exercise of
79	79	official power or performance of an official duty as a peace
80	80	officer.
81	81	SECTION 5. Section 22.01, Penal Code, is amended by adding
82	82	Subsection (b-2) to read as follows:
83	83	(b-2) Notwithstanding Subsection (b)(1), an offense under
84	84	Subsection (a)(1) is a felony of the second degree if the offense is
85	85	committed against a person the actor knows is a peace officer while
86	86	the officer is lawfully discharging an official duty or in
87	87	retaliation or on account of an exercise of official power or
88	88	performance of an official duty as a peace officer.
89	89	SECTION 6. Section 22.07, Penal Code, is amended by adding
90	90	Subsection (c-1) to read as follows:
91	91	(c-1) Notwithstanding Subsection (c)(2), an offense under
92	92	Subsection (a)(2) is a state jail felony if the offense is committed
93	93	against a person the actor knows is a peace officer.
94	94	SECTION 7. Section 49.09(b-1), Penal Code, is amended to
95	95	read as follows:
96	96	(b-1) An offense under Section 49.07 is:
97	97	(1) a felony of the second degree if it is shown on the
98	98	trial of the offense that the person caused serious bodily injury to
99	99	[a peace officer,] a firefighter[,] or emergency medical services
100	100	personnel while in the actual discharge of an official duty; or
101	101	(2) a felony of the first degree if it is shown on the
102	102	trial of the offense that the person caused serious bodily injury to
103	103	a peace officer while the officer was in the actual discharge of an
104	104	official duty.
105	105	SECTION 8. The changes in law made by this Act apply only to
106	106	an offense committed on or after the effective date of this Act. An
107	107	offense committed before the effective date of this Act is governed
108	108	by the law in effect on the date the offense was committed, and the
109	109	former law is continued in effect for that purpose. For purposes of
110	110	this section, an offense was committed before the effective date of
111	111	this Act if any element of the offense occurred before that date.
112	112	SECTION 9. This Act takes effect September 1, 2017.