| 1 | 1 | | 88R2576 CJD-D |
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| 2 | 2 | | By: Dutton H.B. No. 1347 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the charging instrument in the prosecution of the |
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| 8 | 8 | | offense of resisting arrest. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 21, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 21.151 to read as follows: |
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| 12 | 12 | | Art. 21.151. RESISTING ARREST. The complaint, information, |
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| 13 | 13 | | or indictment in the prosecution of a criminal case in which the |
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| 14 | 14 | | sole allegation is that a person has resisted arrest under Section |
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| 15 | 15 | | 38.03, Penal Code, must state the underlying offense for which the |
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| 16 | 16 | | person was resisting arrest. |
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| 17 | 17 | | SECTION 2. The change in law made by this Act applies only |
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| 18 | 18 | | to a criminal case in which the complaint, information, or |
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| 19 | 19 | | indictment is presented to the court on or after the effective date |
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| 20 | 20 | | of this Act. A criminal case in which the complaint, information, or |
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| 21 | 21 | | indictment was presented to the court before the effective date of |
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| 22 | 22 | | this Act is governed by the law in effect on the date the complaint, |
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| 23 | 23 | | information, or indictment was presented, and the former law is |
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| 24 | 24 | | continued in effect for that purpose. |
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| 25 | 25 | | SECTION 3. This Act takes effect September 1, 2023. |
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