88R9168 SHH-F
By: Flores S.B. No. 754
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for causing bodily
injury while resisting arrest, search, or transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.03(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is:
(1) a state jail felony if the actor's use of force
causes bodily injury to the peace officer or another person; and
(2) a felony of the third degree if the actor uses a
deadly weapon to resist the arrest or search.
SECTION 2. 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 3. This Act takes effect September 1, 2023.