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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal liability for taking a weapon from a juvenile |
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probation officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.03(b-3)(2), Code of Criminal |
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Procedure, is amended to read as follows: |
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(2) "Offense involving violence" means an offense |
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under the following provisions of the Penal Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 20.03 (kidnapping); |
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(D) Section 20.04 (aggravated kidnapping); |
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(E) Section 20A.02 (trafficking of persons); |
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(F) Section 20A.03 (continuous trafficking of |
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persons); |
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(G) Section 21.02 (continuous sexual abuse of |
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young child or disabled individual); |
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(H) Section 21.11 (indecency with a child); |
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(I) Section 22.01(a)(1) (assault), if the |
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offense is: |
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(i) punishable as a felony of the second |
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degree under Subsection (b-2) of that section; or |
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(ii) punishable as a felony and involved |
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family violence as defined by Section 71.004, Family Code; |
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(J) Section 22.011 (sexual assault); |
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(K) Section 22.02 (aggravated assault); |
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(L) Section 22.021 (aggravated sexual assault); |
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(M) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(N) Section 25.072 (repeated violation of |
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certain court orders or conditions of bond in family violence, |
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child abuse or neglect, sexual assault or abuse, indecent assault, |
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stalking, or trafficking case); |
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(O) Section 25.11 (continuous violence against |
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the family); |
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(P) Section 29.03 (aggravated robbery); |
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(Q) Section 38.14 (taking or attempting to take |
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weapon from certain individuals working in public safety [peace |
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officer, federal special investigator, employee or official of |
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correctional facility, parole officer, community supervision and |
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corrections department officer, or commissioned security |
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officer]); |
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(R) Section 43.04 (aggravated promotion of |
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prostitution), if the defendant is not alleged to have engaged in |
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conduct constituting an offense under Section 43.02(a); |
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(S) Section 43.05 (compelling prostitution); or |
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(T) Section 43.25 (sexual performance by a |
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child). |
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SECTION 2. The heading to Section 38.14, Penal Code, is |
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amended to read as follows: |
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Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM |
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CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER, |
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FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL |
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FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS |
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DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER]. |
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SECTION 3. Sections 38.14(b), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person intentionally |
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or knowingly and with force takes or attempts to take from a peace |
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officer, federal special investigator, employee or official of a |
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correctional facility, parole officer, community supervision and |
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corrections department officer, juvenile probation officer, or |
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commissioned security officer the officer's, investigator's, |
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employee's, or official's firearm, nightstick, stun gun, or |
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personal protection chemical dispensing device. |
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(c) The actor is presumed to have known that the peace |
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officer, federal special investigator, employee or official of a |
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correctional facility, parole officer, community supervision and |
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corrections department officer, juvenile probation officer, or |
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commissioned security officer was a peace officer, federal special |
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investigator, employee or official of a correctional facility, |
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parole officer, community supervision and corrections department |
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officer, juvenile probation officer, or commissioned security |
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officer if: |
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(1) the officer, investigator, employee, or official |
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was wearing a distinctive uniform or badge indicating his |
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employment; or |
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(2) the officer, investigator, employee, or official |
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identified himself as a peace officer, federal special |
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investigator, employee or official of a correctional facility, |
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parole officer, community supervision and corrections department |
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officer, juvenile probation officer, or commissioned security |
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officer. |
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(d) It is a defense to prosecution under this section that |
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the defendant took or attempted to take the weapon from a peace |
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officer, federal special investigator, employee or official of a |
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correctional facility, parole officer, community supervision and |
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corrections department officer, juvenile probation officer, or |
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commissioned security officer who was using force against the |
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defendant or another in excess of the amount of force permitted by |
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law. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |