Texas 2023 - 88th Regular

Texas Senate Bill SB1961 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13039 JSC-D
2	2	By: Perry S.B. No. 1961
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal liability for taking a weapon from a juvenile
8	8	probation officer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.03(b-3)(2), Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	(2) "Offense involving violence" means an offense
13	13	under the following provisions of the Penal Code:
14	14	(A) Section 19.02 (murder);
15	15	(B) Section 19.03 (capital murder);
16	16	(C) Section 20.03 (kidnapping);
17	17	(D) Section 20.04 (aggravated kidnapping);
18	18	(E) Section 20A.02 (trafficking of persons);
19	19	(F) Section 20A.03 (continuous trafficking of
20	20	persons);
21	21	(G) Section 21.02 (continuous sexual abuse of
22	22	young child or disabled individual);
23	23	(H) Section 21.11 (indecency with a child);
24	24	(I) Section 22.01(a)(1) (assault), if the
25	25	offense is:
26	26	(i) punishable as a felony of the second
27	27	degree under Subsection (b-2) of that section; or
28	28	(ii) punishable as a felony and involved
29	29	family violence as defined by Section 71.004, Family Code;
30	30	(J) Section 22.011 (sexual assault);
31	31	(K) Section 22.02 (aggravated assault);
32	32	(L) Section 22.021 (aggravated sexual assault);
33	33	(M) Section 22.04 (injury to a child, elderly
34	34	individual, or disabled individual);
35	35	(N) Section 25.072 (repeated violation of
36	36	certain court orders or conditions of bond in family violence,
37	37	child abuse or neglect, sexual assault or abuse, indecent assault,
38	38	stalking, or trafficking case);
39	39	(O) Section 25.11 (continuous violence against
40	40	the family);
41	41	(P) Section 29.03 (aggravated robbery);
42	42	(Q) Section 38.14 (taking or attempting to take
43	43	weapon from certain individuals working in public safety [peace
44	44	officer, federal special investigator, employee or official of
45	45	correctional facility, parole officer, community supervision and
46	46	corrections department officer, or commissioned security
47	47	officer]);
48	48	(R) Section 43.04 (aggravated promotion of
49	49	prostitution), if the defendant is not alleged to have engaged in
50	50	conduct constituting an offense under Section 43.02(a);
51	51	(S) Section 43.05 (compelling prostitution); or
52	52	(T) Section 43.25 (sexual performance by a
53	53	child).
54	54	SECTION 2. The heading to Section 38.14, Penal Code, is
55	55	amended to read as follows:
56	56	Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM
57	57	CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
58	58	FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
59	59	FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
60	60	DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
61	61	SECTION 3. Sections 38.14(b), (c), and (d), Penal Code, are
62	62	amended to read as follows:
63	63	(b) A person commits an offense if the person intentionally
64	64	or knowingly and with force takes or attempts to take from a peace
65	65	officer, federal special investigator, employee or official of a
66	66	correctional facility, parole officer, community supervision and
67	67	corrections department officer, juvenile probation officer, or
68	68	commissioned security officer the officer's, investigator's,
69	69	employee's, or official's firearm, nightstick, stun gun, or
70	70	personal protection chemical dispensing device.
71	71	(c) The actor is presumed to have known that the peace
72	72	officer, federal special investigator, employee or official of a
73	73	correctional facility, parole officer, community supervision and
74	74	corrections department officer, juvenile probation officer, or
75	75	commissioned security officer was a peace officer, federal special
76	76	investigator, employee or official of a correctional facility,
77	77	parole officer, community supervision and corrections department
78	78	officer, juvenile probation officer, or commissioned security
79	79	officer if:
80	80	(1) the officer, investigator, employee, or official
81	81	was wearing a distinctive uniform or badge indicating his
82	82	employment; or
83	83	(2) the officer, investigator, employee, or official
84	84	identified himself as a peace officer, federal special
85	85	investigator, employee or official of a correctional facility,
86	86	parole officer, community supervision and corrections department
87	87	officer, juvenile probation officer, or commissioned security
88	88	officer.
89	89	(d) It is a defense to prosecution under this section that
90	90	the defendant took or attempted to take the weapon from a peace
91	91	officer, federal special investigator, employee or official of a
92	92	correctional facility, parole officer, community supervision and
93	93	corrections department officer, juvenile probation officer, or
94	94	commissioned security officer who was using force against the
95	95	defendant or another in excess of the amount of force permitted by
96	96	law.
97	97	SECTION 4. The change in law made by this Act applies only
98	98	to an offense committed on or after the effective date of this
99	99	Act. An offense committed before the effective date of this Act is
100	100	governed by the law in effect on the date the offense was committed,
101	101	and the former law is continued in effect for that purpose. For
102	102	purposes of this section, an offense was committed before the
103	103	effective date of this Act if any element of the offense occurred
104	104	before that date.
105	105	SECTION 5. This Act takes effect September 1, 2023.