By: Buckley, et al. (Senate Sponsor - Hughes) H.B. No. 2366
(In the Senate - Received from the House May 3, 2021;
May 10, 2021, read first time and referred to Committee on Criminal
Justice; May 20, 2021, reported favorably by the following vote:
Yeas 5, Nays 2; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to criminal conduct that endangers law enforcement;
creating a criminal offense and increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.13, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) An offense under this section is a Class C misdemeanor,
except that the offense is:
(1) a felony of the third degree if the conduct causes
bodily injury to the officer; or
(2) a felony of the first degree if the conduct causes
serious bodily injury to the officer.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law, but not both.
SECTION 2. Title 10, Penal Code, is amended by adding
Chapter 50 to read as follows:
CHAPTER 50. FIREWORKS
Sec. 50.01. DEFINITIONS. In this chapter:
(1) "Consumer firework" and "fireworks" have the
meanings assigned by 49 C.F.R. Section 173.59.
(2) "Law enforcement officer" means a person who is a
peace officer under Article 2.12, Code of Criminal Procedure, or a
person who is a federal law enforcement officer, as defined by 5
U.S.C. Section 8331(20).
Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person
commits an offense if the person explodes or ignites fireworks with
the intent to:
(1) interfere with the lawful performance of an
official duty by a law enforcement officer; or
(2) flee from a person the actor knows is a law
enforcement officer attempting to lawfully arrest or detain the
actor.
(b) Except as provided by Subsections (c) and (d), an
offense under this section is a state jail felony.
(c) An offense under this section that involves any firework
that is not a consumer firework is a second degree felony.
(d) Notwithstanding Subsection (c), an offense under this
section is a felony of the first degree if the offense causes
serious bodily injury to a person the actor knows is a law
enforcement officer while the law enforcement officer is lawfully
discharging an official duty or in retaliation or on account of an
exercise of official power or performance of an official duty as a
law enforcement officer.
(e) If conduct constituting an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under this section, the other law, or both.
SECTION 3. The changes in law made by this Act apply 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 when 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 4. This Act takes effect September 1, 2021.
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