1-1     By:  Allen, et al. (Senate Sponsor - Shapiro)          H.B. No. 635
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the offense of taking or attempting to take a weapon
 1-9     from a peace officer, parole officer, or community supervision and
1-10     corrections department officer.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 38.14, Penal Code, is amended to read as
1-13     follows:
1-14           Sec. 38.14.  TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
1-15     OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
1-16     DEPARTMENT OFFICER.  (a)  In this section, "firearm" has the
1-17     meanings assigned by Section 46.01.
1-18           (b)  A person commits an offense if the person intentionally
1-19     or knowingly and with force takes or attempts to take from a peace
1-20     officer, parole officer, or community supervision and corrections
1-21     department officer the officer's firearm, nightstick, or personal
1-22     protection chemical dispensing device with the intention of harming
1-23     the officer or a third person.
1-24           (c)  The actor is presumed to have known that the peace
1-25     officer, parole officer, or community supervision and corrections
1-26     department officer was a peace officer, parole officer, or
1-27     community supervision and corrections department officer if the
1-28     officer was wearing a distinctive  uniform or badge indicating his
1-29     employment, or if the officer identified himself as a peace
1-30     officer, parole officer, or community supervision and corrections
1-31     department officer.
1-32           (d)  It is a defense to prosecution under this section that
1-33     the defendant took or attempted to take the weapon from a peace
1-34     officer, parole officer, or community supervision and corrections
1-35     department officer who was using force against the defendant or
1-36     another in excess of the amount of force permitted by law.
1-37           (e)  An offense under this section is a state jail felony.
1-38           SECTION 2.  This Act takes effect September 1, 1999.
1-39           SECTION 3.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended.
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