By Blackwood H.B. No. 1744
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the types of weapons in the offense of taking a weapon
1-3 from a peace officer.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 38.18(a), (b), and (e), Penal Code, are
1-6 amended to read as follows:
1-7 (a) In this section, "firearm, nightstick, and chemical
1-8 dispensing device" <has> have the meanings assigned by Section
1-9 46.01 of this code.
1-10 (b) A person commits an offense if the person intentionally
1-11 or knowingly and with force takes or attempts to take from a peace
1-12 officer the officer's firearm, nightstick, or chemical dispensing
1-13 device with the intention of harming the officer or a third person.
1-14 (e) An offense under this section is a felony of the third
1-15 degree unless the weapon is a nightstick or chemical dispensing
1-16 device, in which event the offense is a Class A misdemeanor.
1-17 SECTION 2. This Act takes effect September 1, 1993. The
1-18 changes in law made by this Act apply only to offenses committed on
1-19 or after that date. An offense committed before the effective date
1-20 of this Act is covered by the law in effect when the offense was
1-21 committed, and the former law is continued in effect for that
1-22 purpose. For purposes of this section, an offense was committed
1-23 before the effective date of this Act if any element of the offense
2-1 occurred before that date.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.