H.B. 1458 78(R)BILL ANALYSIS


H.B. 1458
By: Eiland
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, honorably retired peace officers are not specifically
protected under the Obstruction or Retaliation Act (Penal Code 36.06),
which sets the penalty for intentional harm to a public servant, witness,
prospective witness, or informant at a second degree felony.  House Bill
1458 would include honorably retired peace officers in this group.  
  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 
 

ANALYSIS

SECTION 1.   House Bill 1458 amends Section 36.06(b) of the Penal Code by
defining "honorably retired peace officer" as a peace officer who did not
retire because of disciplinary actions, was eligible to retire or could
not retire due to a job-related injury, and can receive a pension or
annuity if it is offered.  The bill defines "public servant" to include
honorably retired peace officers.  

SECTION 2.   House Bill 1458 applies to offenses committed on or after
September 1, 2003, and an offense occurs before this date if any element
of the crime was committed before that date.  The former law is in effect
for offenses committed before September 1, 2003. 


EFFECTIVE DATE

This Act takes effect September 1, 2003.