1 | 1 | | 89R9975 MEW-F |
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2 | 2 | | By: Hall S.B. No. 1980 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to increasing the criminal penalty for the offense of |
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10 | 10 | | assault committed against certain public servants and to the |
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11 | 11 | | prosecution of the criminal offense of interference with public |
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12 | 12 | | duties of those public servants. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Sections 22.01(c) and (d), Penal Code, are |
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15 | 15 | | amended to read as follows: |
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16 | 16 | | (c) An offense under Subsection (a)(2) or (3) is a Class C |
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17 | 17 | | misdemeanor, except that the offense is: |
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18 | 18 | | (1) a Class A misdemeanor if the offense is committed |
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19 | 19 | | under Subsection (a)(3) against an elderly individual or disabled |
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20 | 20 | | individual, as those terms are defined by Section 22.04; |
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21 | 21 | | (2) a Class B misdemeanor if the offense is committed |
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22 | 22 | | by a person who is not a sports participant against a person the |
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23 | 23 | | actor knows is a sports participant either: |
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24 | 24 | | (A) while the participant is performing duties or |
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25 | 25 | | responsibilities in the participant's capacity as a sports |
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26 | 26 | | participant; or |
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27 | 27 | | (B) in retaliation for or on account of the |
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28 | 28 | | participant's performance of a duty or responsibility within the |
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29 | 29 | | participant's capacity as a sports participant; |
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30 | 30 | | (3) a Class B misdemeanor if the offense is committed |
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31 | 31 | | against a person the actor knows is: |
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32 | 32 | | (A) a peace officer, a community supervision and |
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33 | 33 | | corrections department officer, or a parole officer while the |
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34 | 34 | | officer is performing a duty or exercising authority imposed or |
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35 | 35 | | granted by law; or |
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36 | 36 | | (B) emergency services personnel while the |
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37 | 37 | | person is providing emergency services; or |
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38 | 38 | | (4) [(3)] a Class A misdemeanor if the offense is |
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39 | 39 | | committed against a pregnant individual to force the individual to |
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40 | 40 | | have an abortion. |
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41 | 41 | | (d) For purposes of Subsections [Subsection] (b) and (c), |
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42 | 42 | | the actor is presumed to have known the person assaulted was a |
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43 | 43 | | public servant, including a public servant described by Subsection |
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44 | 44 | | (c)(3)(A), a security officer, or emergency services personnel if |
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45 | 45 | | the person was wearing a distinctive uniform or badge indicating |
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46 | 46 | | the person's employment as a public servant or status as a security |
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47 | 47 | | officer or emergency services personnel. |
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48 | 48 | | SECTION 2. Sections 38.15(a) and (d-1), Penal Code, are |
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49 | 49 | | amended to read as follows: |
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50 | 50 | | (a) A person commits an offense if the person with criminal |
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51 | 51 | | negligence interrupts, disrupts, impedes, or otherwise interferes |
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52 | 52 | | with: |
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53 | 53 | | (1) a peace officer, a community supervision and |
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54 | 54 | | corrections department officer, or a parole officer while the |
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55 | 55 | | [peace] officer is performing a duty or exercising authority |
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56 | 56 | | imposed or granted by law; |
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57 | 57 | | (2) a person who is employed to provide emergency |
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58 | 58 | | medical services including the transportation of ill or injured |
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59 | 59 | | persons while the person is performing that duty; |
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60 | 60 | | (3) a fire fighter, while the fire fighter is fighting |
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61 | 61 | | a fire or investigating the cause of a fire; |
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62 | 62 | | (4) an animal under the supervision of a peace |
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63 | 63 | | officer, corrections officer, or jailer, if the person knows the |
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64 | 64 | | animal is being used for law enforcement, corrections, prison or |
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65 | 65 | | jail security, or investigative purposes; |
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66 | 66 | | (5) the transmission of a communication over a |
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67 | 67 | | citizen's band radio channel, the purpose of which communication is |
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68 | 68 | | to inform or inquire about an emergency; |
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69 | 69 | | (6) an officer with responsibility for animal control |
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70 | 70 | | in a county or municipality, while the officer is performing a duty |
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71 | 71 | | or exercising authority imposed or granted under Chapter 821 or |
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72 | 72 | | 822, Health and Safety Code; or |
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73 | 73 | | (7) a person who: |
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74 | 74 | | (A) has responsibility for assessing, enacting, |
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75 | 75 | | or enforcing public health, environmental, radiation, or safety |
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76 | 76 | | measures for the state or a county or municipality; |
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77 | 77 | | (B) is investigating a particular site as part of |
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78 | 78 | | the person's responsibilities under Paragraph (A); |
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79 | 79 | | (C) is acting in accordance with policies and |
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80 | 80 | | procedures related to the safety and security of the site described |
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81 | 81 | | by Paragraph (B); and |
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82 | 82 | | (D) is performing a duty or exercising authority |
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83 | 83 | | imposed or granted under the Agriculture Code, Health and Safety |
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84 | 84 | | Code, Occupations Code, or Water Code. |
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85 | 85 | | (d-1) Except as provided by Subsection (d-2), in a |
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86 | 86 | | prosecution for an offense under Subsection (a)(1), there is a |
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87 | 87 | | rebuttable presumption that the actor interferes with a peace |
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88 | 88 | | officer, community supervision and corrections department officer, |
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89 | 89 | | or parole officer if it is shown on the trial of the offense that the |
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90 | 90 | | actor intentionally disseminated the home address, home telephone |
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91 | 91 | | number, emergency contact information, or social security number of |
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92 | 92 | | the officer or a family member of the officer or any other |
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93 | 93 | | information that is specifically described by Section 552.117(a), |
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94 | 94 | | Government Code. |
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95 | 95 | | SECTION 3. The changes in law made by this Act apply only to |
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96 | 96 | | an offense committed on or after the effective date of this Act. An |
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97 | 97 | | offense committed before the effective date of this Act is governed |
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98 | 98 | | by the law in effect on the date the offense was committed, and the |
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99 | 99 | | former law is continued in effect for that purpose. |
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100 | 100 | | SECTION 4. This Act takes effect September 1, 2025. |
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