By Allen, et al.                                       H.B. No. 635
         76R3937 GWK-F                           
                                A BILL TO BE ENTITLED
 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.