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1 | 1 | 85S12178 JCG-D | |
2 | 2 | By: Isaac H.B. No. 376 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the prosecution of certain criminal offenses involving | |
8 | 8 | disabling, damaging, or destroying an unmanned aircraft. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Chapter 423, Government Code, is amended by | |
11 | 11 | adding Section 423.010 to read as follows: | |
12 | 12 | Sec. 423.010. DISABLING, DAMAGING, OR DESTROYING UNMANNED | |
13 | 13 | AIRCRAFT. It is an affirmative defense to prosecution for an | |
14 | 14 | offense involving damage or destruction of property under Section | |
15 | 15 | 28.03 or 28.04, Penal Code, that the actor: | |
16 | 16 | (1) was on property owned or legally occupied by the | |
17 | 17 | actor; | |
18 | 18 | (2) legally possessed a firearm; | |
19 | 19 | (3) used that firearm to disable, damage, or destroy | |
20 | 20 | an unmanned aircraft that was unlawfully on or over the property in | |
21 | 21 | violation of this chapter; and | |
22 | 22 | (4) was not prohibited from discharging the firearm | |
23 | 23 | under Section 42.12, Penal Code, other law or local regulation, or a | |
24 | 24 | dedicatory instrument governing use of the property. | |
25 | 25 | SECTION 2. This Act takes effect December 1, 2017. |