88R13039 JSC-D
By: Perry S.B. No. 1961
A BILL TO BE ENTITLED
AN ACT
relating to criminal liability for taking a weapon from a juvenile
probation officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.03(b-3)(2), Code of Criminal
Procedure, is amended to read as follows:
(2) "Offense involving violence" means an offense
under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.03 (kidnapping);
(D) Section 20.04 (aggravated kidnapping);
(E) Section 20A.02 (trafficking of persons);
(F) Section 20A.03 (continuous trafficking of
persons);
(G) Section 21.02 (continuous sexual abuse of
young child or disabled individual);
(H) Section 21.11 (indecency with a child);
(I) Section 22.01(a)(1) (assault), if the
offense is:
(i) punishable as a felony of the second
degree under Subsection (b-2) of that section; or
(ii) punishable as a felony and involved
family violence as defined by Section 71.004, Family Code;
(J) Section 22.011 (sexual assault);
(K) Section 22.02 (aggravated assault);
(L) Section 22.021 (aggravated sexual assault);
(M) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(N) Section 25.072 (repeated violation of
certain court orders or conditions of bond in family violence,
child abuse or neglect, sexual assault or abuse, indecent assault,
stalking, or trafficking case);
(O) Section 25.11 (continuous violence against
the family);
(P) Section 29.03 (aggravated robbery);
(Q) Section 38.14 (taking or attempting to take
weapon from certain individuals working in public safety [peace
officer, federal special investigator, employee or official of
correctional facility, parole officer, community supervision and
corrections department officer, or commissioned security
officer]);
(R) Section 43.04 (aggravated promotion of
prostitution), if the defendant is not alleged to have engaged in
conduct constituting an offense under Section 43.02(a);
(S) Section 43.05 (compelling prostitution); or
(T) Section 43.25 (sexual performance by a
child).
SECTION 2. The heading to Section 38.14, Penal Code, is
amended to read as follows:
Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM
CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
SECTION 3. Sections 38.14(b), (c), and (d), Penal Code, are
amended to read as follows:
(b) A person commits an offense if the person intentionally
or knowingly and with force takes or attempts to take from a peace
officer, federal special investigator, employee or official of a
correctional facility, parole officer, community supervision and
corrections department officer, juvenile probation officer, or
commissioned security officer the officer's, investigator's,
employee's, or official's firearm, nightstick, stun gun, or
personal protection chemical dispensing device.
(c) The actor is presumed to have known that the peace
officer, federal special investigator, employee or official of a
correctional facility, parole officer, community supervision and
corrections department officer, juvenile probation officer, or
commissioned security officer was a peace officer, federal special
investigator, employee or official of a correctional facility,
parole officer, community supervision and corrections department
officer, juvenile probation officer, or commissioned security
officer if:
(1) the officer, investigator, employee, or official
was wearing a distinctive uniform or badge indicating his
employment; or
(2) the officer, investigator, employee, or official
identified himself as a peace officer, federal special
investigator, employee or official of a correctional facility,
parole officer, community supervision and corrections department
officer, juvenile probation officer, or commissioned security
officer.
(d) It is a defense to prosecution under this section that
the defendant took or attempted to take the weapon from a peace
officer, federal special investigator, employee or official of a
correctional facility, parole officer, community supervision and
corrections department officer, juvenile probation officer, or
commissioned security officer who was using force against the
defendant or another in excess of the amount of force permitted by
law.
SECTION 4. The change in law made by this Act applies 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 on the date 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 5. This Act takes effect September 1, 2023.