BILL ANALYSIS Senate Research Center S.B. 1208 89R8215 JDK-F By: King Criminal Justice 4/4/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In recent years, the number of individuals interfering with peace officers during the normal course of their duties has increased. Filming a peace officer is a citizen's right protected by the First Amendment. However, when an individual's actions interfere with a peace officer performing their duties, the interfering individual compromises the safety of the public and the peace officer. The current statute penalizing a person for interfering with a peace officer or public official in the course of their duties does not sufficiently deter this behavior. For example, an individual in this state has been arrested eight separate times for interfering with a peace officer in the course of their duties. This person records their confrontations with peace officers and posts them online while soliciting payment from viewers. S.B. 1208 seeks to address this problem by proposing a penalty increase for the offense of interfering with a person's public duties. This increase will deter individuals from interrupting peace officers and public officials during the normal course of their work. As proposed, S.B. 1208 amends current law relating to increasing the criminal penalty for the offense of interference with public duties. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 38.15(b), Penal Code, to provide that an offense under Section 38.15 (Interference with Public Duties) is a state jail felony, rather than a Class B misdemeanor. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1208
89R8215 JDK-F By: King
Criminal Justice
4/4/2025
As Filed
Senate Research Center
S.B. 1208
89R8215 JDK-F
By: King
Criminal Justice
4/4/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In recent years, the number of individuals interfering with peace officers during the normal course of their duties has increased. Filming a peace officer is a citizen's right protected by the First Amendment. However, when an individual's actions interfere with a peace officer performing their duties, the interfering individual compromises the safety of the public and the peace officer.
The current statute penalizing a person for interfering with a peace officer or public official in the course of their duties does not sufficiently deter this behavior. For example, an individual in this state has been arrested eight separate times for interfering with a peace officer in the course of their duties. This person records their confrontations with peace officers and posts them online while soliciting payment from viewers.
S.B. 1208 seeks to address this problem by proposing a penalty increase for the offense of interfering with a person's public duties. This increase will deter individuals from interrupting peace officers and public officials during the normal course of their work.
As proposed, S.B. 1208 amends current law relating to increasing the criminal penalty for the offense of interference with public duties.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 38.15(b), Penal Code, to provide that an offense under Section 38.15 (Interference with Public Duties) is a state jail felony, rather than a Class B misdemeanor.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.