| 1 | | - | H.B. No. 624 |
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| 1 | + | By: Shine, González of Dallas H.B. No. 624 |
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| 2 | + | (Senate Sponsor - Campbell) |
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| 3 | + | (In the Senate - Received from the House May 3, 2021; |
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| 4 | + | May 10, 2021, read first time and referred to Committee on Criminal |
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| 5 | + | Justice; May 22, 2021, reported favorably by the following vote: |
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| 6 | + | Yeas 7, Nays 0; May 22, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to increasing the criminal penalty for certain offenses |
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| 6 | 13 | | committed in retaliation for or on account of a person's service or |
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| 7 | 14 | | status as a public servant. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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| 10 | 17 | | by adding Section 12.501 to read as follows: |
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| 11 | 18 | | Sec. 12.501. PENALTY FOR CERTAIN OFFENSES COMMITTED IN |
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| 12 | 19 | | RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS |
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| 13 | 20 | | PUBLIC SERVANT. (a) In this section, "public servant" has the |
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| 14 | 21 | | meaning assigned by Section 36.06. |
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| 15 | 22 | | (b) Subject to Subsection (d), the punishment for an offense |
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| 16 | 23 | | described by Subsection (c) is increased to the punishment |
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| 17 | 24 | | prescribed for the next higher category of offense if it is shown on |
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| 18 | 25 | | the trial of the offense that: |
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| 19 | 26 | | (1) the offense: |
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| 20 | 27 | | (A) was committed against a person the actor |
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| 21 | 28 | | knows is a public servant or a member of a public servant's family |
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| 22 | 29 | | or household; or |
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| 23 | 30 | | (B) involves property that the actor knows |
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| 24 | 31 | | belongs to, is under the control of, or is lawfully possessed by a |
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| 25 | 32 | | public servant; and |
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| 26 | 33 | | (2) the offense was committed in retaliation for or on |
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| 27 | 34 | | account of the service or status of the person as a public servant. |
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| 28 | 35 | | (c) The increase in punishment authorized by this section |
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| 29 | 36 | | applies only to: |
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| 30 | 37 | | (1) an offense under Section 21.16, 21.18, 21.19, |
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| 31 | 38 | | 22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072; or |
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| 32 | 39 | | (2) an offense under Section 32.51, other than an |
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| 33 | 40 | | offense punishable under Subsection (c-1) of that section. |
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| 34 | 41 | | (d) If an offense described by Subsection (c) is punishable |
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| 35 | 42 | | as a Class A misdemeanor, the minimum term of confinement for the |
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| 36 | 43 | | offense is increased to 180 days. If an offense described by |
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| 37 | 44 | | Subsection (c) is punishable as a felony of the first degree, the |
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| 38 | 45 | | punishment for that offense may not be increased under this |
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| 39 | 46 | | section. |
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| 40 | 47 | | (e) For purposes of this section, "member of a public |
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| 41 | 48 | | servant's family" means a person related to the public servant |
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| 42 | 49 | | within the second degree of consanguinity. |
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| 43 | 50 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 51 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 52 | | An offense committed before the effective date of this Act is |
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| 46 | 53 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 54 | | and the former law is continued in effect for that purpose. For |
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| 48 | 55 | | purposes of this section, an offense was committed before the |
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| 49 | 56 | | effective date of this Act if any element of the offense occurred |
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| 50 | 57 | | before that date. |
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| 51 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 52 | | - | ______________________________ ______________________________ |
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| 53 | | - | President of the Senate Speaker of the House |
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| 54 | | - | I certify that H.B. No. 624 was passed by the House on April |
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| 55 | | - | 29, 2021, by the following vote: Yeas 130, Nays 15, 1 present, not |
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| 56 | | - | voting. |
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| 57 | | - | ______________________________ |
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| 58 | | - | Chief Clerk of the House |
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| 59 | | - | I certify that H.B. No. 624 was passed by the Senate on May |
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| 60 | | - | 24, 2021, by the following vote: Yeas 29, Nays 1. |
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| 61 | | - | ______________________________ |
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| 62 | | - | Secretary of the Senate |
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| 63 | | - | APPROVED: _____________________ |
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| 64 | | - | Date |
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| 65 | | - | _____________________ |
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| 66 | | - | Governor |
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| 59 | + | * * * * * |
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