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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of obstructing or |
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interfering with a first responder or an emergency vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.063 to read as follows: |
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Sec. 42.063. OBSTRUCTING OR INTERFERING WITH FIRST |
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RESPONDER OR EMERGENCY VEHICLE. (a) In this section: |
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(1) "Authorized emergency vehicle" has the meaning |
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assigned by Section 541.201, Transportation Code. |
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(2) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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(b) A person commits an offense if the person recklessly |
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obstructs or interferes with: |
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(1) a first responder's ability to render aid at the |
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scene of an emergency to a person who is suffering serious bodily |
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injury; or |
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(2) the passage of an authorized emergency vehicle |
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that is operating the vehicle's siren or emergency lighting system |
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to or from the scene of an emergency where a person is suffering |
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serious bodily injury. |
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(c) An offense under this section is a state jail felony, |
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except that the offense is a third degree felony if it is shown on |
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the trial of the offense that a person suffers death as a result of |
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the offense. |
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(d) For purposes of Subsection (b)(1), the actor is presumed |
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to have known a person is a first responder if the person was |
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wearing a distinctive uniform or badge indicating the person's |
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employment or duties as a first responder. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. This Act takes effect September 1, 2021. |