Texas 2023 - 88th Regular

Texas House Bill HB3617 Compare Versions

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1	1	88R13041 JSC-D
2	2	By: Tepper H.B. No. 3617
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of weapons by community supervision and
8	8	corrections department officers, juvenile probation officers, and
9	9	certain retired law enforcement officers and to criminal liability
10	10	for taking a weapon from certain of those officers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 2.1305, Code of Criminal Procedure, is
13	13	amended by amending Subsection (a) and adding Subsection (a-1) to
14	14	read as follows:
15	15	(a) An establishment serving the public may not prohibit or
16	16	otherwise restrict a peace officer, a [or] special investigator, a
17	17	community supervision and corrections department officer, or a
18	18	juvenile probation officer described by Section 46.15(a)(1), (3),
19	19	or (9), Penal Code, as applicable, from carrying on the
20	20	establishment's premises a weapon that the [peace] officer or
21	21	[special] investigator is otherwise authorized to carry,
22	22	regardless of whether the [peace] officer or [special] investigator
23	23	is engaged in the actual discharge of the officer's or
24	24	investigator's duties while carrying the weapon.
25	25	(a-1) An establishment serving the public may not prohibit
26	26	or otherwise restrict an honorably retired peace officer or other
27	27	qualified retired law enforcement officer described by Section
28	28	46.15(a)(5), Penal Code, from carrying on the establishment's
29	29	premises a weapon that the officer is otherwise authorized to
30	30	carry.
31	31	SECTION 2. Article 17.03(b-3)(2), Code of Criminal
32	32	Procedure, is amended to read as follows:
33	33	(2) "Offense involving violence" means an offense
34	34	under the following provisions of the Penal Code:
35	35	(A) Section 19.02 (murder);
36	36	(B) Section 19.03 (capital murder);
37	37	(C) Section 20.03 (kidnapping);
38	38	(D) Section 20.04 (aggravated kidnapping);
39	39	(E) Section 20A.02 (trafficking of persons);
40	40	(F) Section 20A.03 (continuous trafficking of
41	41	persons);
42	42	(G) Section 21.02 (continuous sexual abuse of
43	43	young child or disabled individual);
44	44	(H) Section 21.11 (indecency with a child);
45	45	(I) Section 22.01(a)(1) (assault), if the
46	46	offense is:
47	47	(i) punishable as a felony of the second
48	48	degree under Subsection (b-2) of that section; or
49	49	(ii) punishable as a felony and involved
50	50	family violence as defined by Section 71.004, Family Code;
51	51	(J) Section 22.011 (sexual assault);
52	52	(K) Section 22.02 (aggravated assault);
53	53	(L) Section 22.021 (aggravated sexual assault);
54	54	(M) Section 22.04 (injury to a child, elderly
55	55	individual, or disabled individual);
56	56	(N) Section 25.072 (repeated violation of
57	57	certain court orders or conditions of bond in family violence,
58	58	child abuse or neglect, sexual assault or abuse, indecent assault,
59	59	stalking, or trafficking case);
60	60	(O) Section 25.11 (continuous violence against
61	61	the family);
62	62	(P) Section 29.03 (aggravated robbery);
63	63	(Q) Section 38.14 (taking or attempting to take
64	64	weapon from certain individuals working in public safety [peace
65	65	officer, federal special investigator, employee or official of
66	66	correctional facility, parole officer, community supervision and
67	67	corrections department officer, or commissioned security
68	68	officer]);
69	69	(R) Section 43.04 (aggravated promotion of
70	70	prostitution), if the defendant is not alleged to have engaged in
71	71	conduct constituting an offense under Section 43.02(a);
72	72	(S) Section 43.05 (compelling prostitution); or
73	73	(T) Section 43.25 (sexual performance by a
74	74	child).
75	75	SECTION 3. Section 76.0051, Government Code, is amended to
76	76	read as follows:
77	77	Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
78	78	authorized to carry a weapon under this section, regardless of
79	79	whether the officer is [while] engaged in the actual discharge of
80	80	the officer's duties, only if:
81	81	(1) the officer possesses a certificate of firearms
82	82	proficiency issued by the Texas Commission on Law Enforcement under
83	83	Section 1701.257, Occupations Code; and
84	84	(2) the director of the department agrees to the
85	85	authorization.
86	86	SECTION 4. Section 142.006(a), Human Resources Code, is
87	87	amended to read as follows:
88	88	(a) A juvenile probation officer may carry a firearm under
89	89	this section, regardless of whether the officer is carrying the
90	90	firearm in the course of the officer's official duties, if:
91	91	(1) the juvenile probation officer possesses a
92	92	certificate of firearms proficiency issued by the Texas Commission
93	93	on Law Enforcement under Section 1701.259, Occupations Code;
94	94	(2) the chief juvenile probation officer of the
95	95	juvenile probation department that employs the juvenile probation
96	96	officer authorizes the juvenile probation officer to carry a
97	97	firearm in the course of the officer's official duties; and
98	98	(3) the juvenile probation officer has been employed
99	99	for at least one year by the juvenile probation department
100	100	described by Subdivision (2).
101	101	SECTION 5. The heading to Section 38.14, Penal Code, is
102	102	amended to read as follows:
103	103	Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM
104	104	CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
105	105	FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
106	106	FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
107	107	DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
108	108	SECTION 6. Sections 38.14(b), (c), and (d), Penal Code, are
109	109	amended to read as follows:
110	110	(b) A person commits an offense if the person intentionally
111	111	or knowingly and with force takes or attempts to take from a peace
112	112	officer, federal special investigator, employee or official of a
113	113	correctional facility, parole officer, community supervision and
114	114	corrections department officer, juvenile probation officer, or
115	115	commissioned security officer the officer's, investigator's,
116	116	employee's, or official's firearm, nightstick, stun gun, or
117	117	personal protection chemical dispensing device.
118	118	(c) The actor is presumed to have known that the peace
119	119	officer, federal special investigator, employee or official of a
120	120	correctional facility, parole officer, community supervision and
121	121	corrections department officer, juvenile probation officer, or
122	122	commissioned security officer was a peace officer, federal special
123	123	investigator, employee or official of a correctional facility,
124	124	parole officer, community supervision and corrections department
125	125	officer, juvenile probation officer, or commissioned security
126	126	officer if:
127	127	(1) the officer, investigator, employee, or official
128	128	was wearing a distinctive uniform or badge indicating his
129	129	employment; or
130	130	(2) the officer, investigator, employee, or official
131	131	identified himself as a peace officer, federal special
132	132	investigator, employee or official of a correctional facility,
133	133	parole officer, community supervision and corrections department
134	134	officer, juvenile probation officer, or commissioned security
135	135	officer.
136	136	(d) It is a defense to prosecution under this section that
137	137	the defendant took or attempted to take the weapon from a peace
138	138	officer, federal special investigator, employee or official of a
139	139	correctional facility, parole officer, community supervision and
140	140	corrections department officer, juvenile probation officer, or
141	141	commissioned security officer who was using force against the
142	142	defendant or another in excess of the amount of force permitted by
143	143	law.
144	144	SECTION 7. Section 46.15, Penal Code, is amended by
145	145	amending Subsection (a) and adding Subsection (c) to read as
146	146	follows:
147	147	(a) Sections 46.02 and 46.03 do not apply to:
148	148	(1) peace officers or special investigators under
149	149	Article 2.122, Code of Criminal Procedure, and neither section
150	150	prohibits a peace officer or special investigator from carrying a
151	151	weapon in this state, including in an establishment [in this state]
152	152	serving the public, regardless of whether the peace officer or
153	153	special investigator is engaged in the actual discharge of the
154	154	officer's or investigator's duties while carrying the weapon;
155	155	(2) parole officers, and neither section prohibits an
156	156	officer from carrying a weapon in this state if the officer is:
157	157	(A) engaged in the actual discharge of the
158	158	officer's duties while carrying the weapon; and
159	159	(B) in compliance with policies and procedures
160	160	adopted by the Texas Department of Criminal Justice regarding the
161	161	possession of a weapon by an officer while on duty;
162	162	(3) community supervision and corrections department
163	163	officers appointed or employed under Section 76.004, Government
164	164	Code, and authorized to carry a weapon under Section 76.0051,
165	165	Government Code, and neither section prohibits the [an] officer
166	166	from carrying a weapon in this state, including in an establishment
167	167	serving the public, regardless of whether [if] the officer is[:
168	168	[(A)] engaged in the actual discharge of the
169	169	officer's duties while carrying the weapon[; and
170	170	[(B) authorized to carry a weapon under Section
171	171	76.0051, Government Code];
172	172	(4) an active judicial officer as defined by Section
173	173	411.201, Government Code, who is licensed to carry a handgun under
174	174	Subchapter H, Chapter 411, Government Code;
175	175	(5) an honorably retired peace officer or other
176	176	qualified retired law enforcement officer, as defined by 18 U.S.C.
177	177	Section 926C, who holds a certificate of proficiency issued under
178	178	Section 1701.357, Occupations Code, and is carrying a photo
179	179	identification that is issued by a federal, state, or local law
180	180	enforcement agency, as applicable, and that verifies that the
181	181	officer is an honorably retired peace officer or other qualified
182	182	retired law enforcement officer, and neither section prohibits the
183	183	officer from carrying a weapon in this state, including in an
184	184	establishment serving the public;
185	185	(6) the attorney general or a United States attorney,
186	186	district attorney, criminal district attorney, county attorney, or
187	187	municipal attorney who is licensed to carry a handgun under
188	188	Subchapter H, Chapter 411, Government Code;
189	189	(7) an assistant United States attorney, assistant
190	190	attorney general, assistant district attorney, assistant criminal
191	191	district attorney, or assistant county attorney who is licensed to
192	192	carry a handgun under Subchapter H, Chapter 411, Government Code;
193	193	(8) a bailiff designated by an active judicial officer
194	194	as defined by Section 411.201, Government Code, who is:
195	195	(A) licensed to carry a handgun under Subchapter
196	196	H, Chapter 411, Government Code; and
197	197	(B) engaged in escorting the judicial officer;
198	198	(9) a juvenile probation officer who is authorized to
199	199	carry a firearm under Section 142.006, Human Resources Code, and
200	200	neither section prohibits the officer from carrying a firearm in
201	201	this state, including in an establishment serving the public,
202	202	regardless of whether the officer is carrying the firearm in the
203	203	course of the officer's official duties; or
204	204	(10) a person who is volunteer emergency services
205	205	personnel if the person is:
206	206	(A) carrying a handgun under the authority of
207	207	Subchapter H, Chapter 411, Government Code; and
208	208	(B) engaged in providing emergency services.
209	209	(c) In this section, "establishment serving the public" has
210	210	the meaning assigned by Article 2.1305, Code of Criminal Procedure.
211	211	SECTION 8. Article 2.1305, Code of Criminal Procedure, as
212	212	amended by this Act, applies only to a cause of action that accrues
213	213	on or after the effective date of this Act.
214	214	SECTION 9. Section 76.0051, Government Code, as amended by
215	215	this Act, and Section 142.006, Human Resources Code, as amended by
216	216	this Act, apply only to the carrying of a weapon or firearm on or
217	217	after the effective date of this Act.
218	218	SECTION 10. Sections 38.14 and 46.15, Penal Code, as
219	219	amended by this Act, apply only to an offense committed on or after
220	220	the effective date of this Act. An offense committed before the
221	221	effective date of this Act is governed by the law in effect on the
222	222	date the offense was committed, and the former law is continued in
223	223	effect for that purpose. For purposes of this section, an offense
224	224	was committed before the effective date of this Act if any element
225	225	of the offense occurred before that date.
226	226	SECTION 11. This Act takes effect September 1, 2023.