| |
| |
| |
|
|
AN ACT
|
|
|
relating to increasing the criminal penalty for certain offenses |
|
|
committed in retaliation for or on account of a person's service or |
|
|
status as a public servant. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
|
|
by adding Section 12.501 to read as follows: |
|
|
Sec. 12.501. PENALTY FOR CERTAIN OFFENSES COMMITTED IN |
|
|
RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS |
|
|
PUBLIC SERVANT. (a) In this section, "public servant" has the |
|
|
meaning assigned by Section 36.06. |
|
|
(b) Subject to Subsection (d), the punishment for an offense |
|
|
described by Subsection (c) is increased to the punishment |
|
|
prescribed for the next higher category of offense if it is shown on |
|
|
the trial of the offense that: |
|
|
(1) the offense: |
|
|
(A) was committed against a person the actor |
|
|
knows is a public servant or a member of a public servant's family |
|
|
or household; or |
|
|
(B) involves property that the actor knows |
|
|
belongs to, is under the control of, or is lawfully possessed by a |
|
|
public servant; and |
|
|
(2) the offense was committed in retaliation for or on |
|
|
account of the service or status of the person as a public servant. |
|
|
(c) The increase in punishment authorized by this section |
|
|
applies only to: |
|
|
(1) an offense under Section 21.16, 21.18, 21.19, |
|
|
22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072; or |
|
|
(2) an offense under Section 32.51, other than an |
|
|
offense punishable under Subsection (c-1) of that section. |
|
|
(d) If an offense described by Subsection (c) is punishable |
|
|
as a Class A misdemeanor, the minimum term of confinement for the |
|
|
offense is increased to 180 days. If an offense described by |
|
|
Subsection (c) is punishable as a felony of the first degree, the |
|
|
punishment for that offense may not be increased under this |
|
|
section. |
|
|
(e) For purposes of this section, "member of a public |
|
|
servant's family" means a person related to the public servant |
|
|
within the second degree of consanguinity. |
|
|
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, 2021. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 624 was passed by the House on April |
|
|
29, 2021, by the following vote: Yeas 130, Nays 15, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 624 was passed by the Senate on May |
|
|
24, 2021, by the following vote: Yeas 29, Nays 1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |