SRC-DPW H.B. 635 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 635
76R3937 GWK-FBy: Allen (Shapiro)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

During the 75th Legislative Session, parole and community supervision
officers were given the right to carry a weapon; however, Section 38.14,
Penal Code (which makes it a crime to knowingly take or attempt to take a
weapon from a peace officer) was not amended to include parole and
community supervision officers.  This bill would make the taking or attempt
to take a weapon from a parole officer or a community supervision and
corrections department officer with intent to harm the officer or a third
person, a state jail felony.   

PURPOSE

As proposed, H.B. 635 provides that an offense is committed when attempting
to take a weapon from a peace officer, parole officer, or community
supervision and corrections department officer. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.14, Penal Code, as follows:

Sec. 38.14. New heading: TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER. Provides that a person commits an offense if the person
knowingly takes or attempts to take from a parole officer, or community
supervision and corrections department officer the officer's firearm,
nightstick, or personal protection chemical device with the intention of
harming the officer or a third person.  Makes conforming changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.