1-1 AN ACT
1-2 relating to the offense of taking or attempting to take a weapon
1-3 from a peace officer, parole officer, or community supervision and
1-4 corrections department officer.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 38.14, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
1-9 OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
1-10 DEPARTMENT OFFICER. (a) In this section, "firearm" has the
1-11 meanings assigned by Section 46.01.
1-12 (b) A person commits an offense if the person intentionally
1-13 or knowingly and with force takes or attempts to take from a peace
1-14 officer, parole officer, or community supervision and corrections
1-15 department officer the officer's firearm, nightstick, or personal
1-16 protection chemical dispensing device with the intention of harming
1-17 the officer or a third person.
1-18 (c) The actor is presumed to have known that the peace
1-19 officer, parole officer, or community supervision and corrections
1-20 department officer was a peace officer, parole officer, or
1-21 community supervision and corrections department officer if the
1-22 officer was wearing a distinctive uniform or badge indicating his
1-23 employment, or if the officer identified himself as a peace
1-24 officer, parole officer, or community supervision and corrections
2-1 department officer.
2-2 (d) It is a defense to prosecution under this section that
2-3 the defendant took or attempted to take the weapon from a peace
2-4 officer, parole officer, or community supervision and corrections
2-5 department officer who was using force against the defendant or
2-6 another in excess of the amount of force permitted by law.
2-7 (e) An offense under this section is a state jail felony.
2-8 SECTION 2. This Act takes effect September 1, 1999.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 635 was passed by the House on May 4,
1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 635 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor