| 1 | 1 | | 88R9168 SHH-F |
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| 2 | 2 | | By: Flores S.B. No. 754 |
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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 increasing the criminal penalty for causing bodily |
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| 8 | 8 | | injury while resisting arrest, search, or transportation. |
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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. Section 38.03(d), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (d) An offense under this section is: |
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| 13 | 13 | | (1) a state jail felony if the actor's use of force |
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| 14 | 14 | | causes bodily injury to the peace officer or another person; and |
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| 15 | 15 | | (2) a felony of the third degree if the actor uses a |
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| 16 | 16 | | deadly weapon to resist the arrest or search. |
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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 an offense committed on or after the effective date of this Act. |
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| 19 | 19 | | An offense committed before the effective date of this Act is |
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| 20 | 20 | | governed by the law in effect on the date the offense was committed, |
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| 21 | 21 | | and the former law is continued in effect for that purpose. For |
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| 22 | 22 | | purposes of this section, an offense was committed before the |
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| 23 | 23 | | effective date of this Act if any element of the offense occurred |
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| 24 | 24 | | before that date. |
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| 25 | 25 | | SECTION 3. This Act takes effect September 1, 2023. |
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