| 1 | 1 | | 87R2763 MEW-D |
|---|
| 2 | 2 | | By: Price H.B. No. 1265 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to creating the criminal offense of obstructing or |
|---|
| 8 | 8 | | interfering with a first responder or an emergency vehicle. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
|---|
| 11 | 11 | | Section 42.063 to read as follows: |
|---|
| 12 | 12 | | Sec. 42.063. OBSTRUCTING OR INTERFERING WITH FIRST |
|---|
| 13 | 13 | | RESPONDER OR EMERGENCY VEHICLE. (a) In this section: |
|---|
| 14 | 14 | | (1) "Authorized emergency vehicle" has the meaning |
|---|
| 15 | 15 | | assigned by Section 541.201, Transportation Code. |
|---|
| 16 | 16 | | (2) "First responder" has the meaning assigned by |
|---|
| 17 | 17 | | Section 421.095, Government Code. |
|---|
| 18 | 18 | | (b) A person commits an offense if the person recklessly |
|---|
| 19 | 19 | | obstructs or interferes with: |
|---|
| 20 | 20 | | (1) a first responder's ability to render aid at the |
|---|
| 21 | 21 | | scene of an emergency to a person who is suffering serious bodily |
|---|
| 22 | 22 | | injury; or |
|---|
| 23 | 23 | | (2) the passage of an authorized emergency vehicle |
|---|
| 24 | 24 | | that is operating the vehicle's siren or emergency lighting system |
|---|
| 25 | 25 | | to or from the scene of an emergency where a person is suffering |
|---|
| 26 | 26 | | serious bodily injury. |
|---|
| 27 | 27 | | (c) An offense under this section is a state jail felony, |
|---|
| 28 | 28 | | except that the offense is a third degree felony if it is shown on |
|---|
| 29 | 29 | | the trial of the offense that a person suffers death as a result of |
|---|
| 30 | 30 | | the offense. |
|---|
| 31 | 31 | | (d) For purposes of Subsection (b)(1), the actor is presumed |
|---|
| 32 | 32 | | to have known a person is a first responder if the person was |
|---|
| 33 | 33 | | wearing a distinctive uniform or badge indicating the person's |
|---|
| 34 | 34 | | employment or duties as a first responder. |
|---|
| 35 | 35 | | (e) If conduct constituting an offense under this section |
|---|
| 36 | 36 | | also constitutes an offense under another section of this code, the |
|---|
| 37 | 37 | | actor may be prosecuted under either section or both sections. |
|---|
| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|