| 1 | 1 | | 85R3055 JCG-D |
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| 2 | 2 | | By: Miles S.B. No. 487 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the criminal penalty prescribed for certain |
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| 8 | 8 | | acts of official oppression. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.03, Penal Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsections (e), (f), and (g) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (d) Except as otherwise provided by this section, an [An] |
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| 14 | 14 | | offense under this section is a Class A misdemeanor. |
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| 15 | 15 | | (e) An [, except that an] offense under this section is a |
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| 16 | 16 | | felony of the third degree if the public servant acted with the |
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| 17 | 17 | | intent to impair the accuracy of data reported to the Texas |
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| 18 | 18 | | Education Agency through the Public Education Information |
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| 19 | 19 | | Management System (PEIMS) described by Section 42.006, Education |
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| 20 | 20 | | Code, under a law requiring that reporting. |
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| 21 | 21 | | (f) An offense under this section is a felony of the second |
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| 22 | 22 | | degree if the public servant, at the time of the commission of the |
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| 23 | 23 | | offense, was a licensed peace officer and: |
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| 24 | 24 | | (1) caused bodily injury to another or threatened |
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| 25 | 25 | | another with imminent bodily injury; and |
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| 26 | 26 | | (2) while engaging in the conduct described by |
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| 27 | 27 | | Subdivision (1): |
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| 28 | 28 | | (A) caused serious bodily injury to another; or |
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| 29 | 29 | | (B) used or exhibited a deadly weapon. |
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| 30 | 30 | | (g) If conduct constituting an offense under this section |
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| 31 | 31 | | also constitutes an offense under another section of this code, the |
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| 32 | 32 | | actor may be prosecuted under either section or both sections. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2017. |
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