85R3055 JCG-D
By: Miles S.B. No. 487
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty prescribed for certain
acts of official oppression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.03, Penal Code, is amended by
amending Subsection (d) and adding Subsections (e), (f), and (g) to
read as follows:
(d) Except as otherwise provided by this section, an [An]
offense under this section is a Class A misdemeanor.
(e) An [, except that an] offense under this section is a
felony of the third degree if the public servant acted with the
intent to impair the accuracy of data reported to the Texas
Education Agency through the Public Education Information
Management System (PEIMS) described by Section 42.006, Education
Code, under a law requiring that reporting.
(f) An offense under this section is a felony of the second
degree if the public servant, at the time of the commission of the
offense, was a licensed peace officer and:
(1) caused bodily injury to another or threatened
another with imminent bodily injury; and
(2) while engaging in the conduct described by
Subdivision (1):
(A) caused serious bodily injury to another; or
(B) used or exhibited a deadly weapon.
(g) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2017.