79R14613 KEL-D


By:  Reyna                                                        H.B. No. 582



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of taking or attempting 
to take a stun gun from a peace officer, parole officer, or 
community supervision and corrections department officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 38.14(a) and (b), Penal Code, are 
amended to read as follows:
	(a)  In this section:                                                   
		(1)  "Firearm"[, "firearm"] has the meanings assigned 
by Section 46.01.
		(2)  "Stun gun" means a device designed to propel darts 
or other projectiles attached to wires that, on contact, will 
deliver an electrical pulse capable of incapacitating a person.
	(b)  A person commits an offense if the person intentionally 
or knowingly and with force takes or attempts to take from a peace 
officer, parole officer, or community supervision and corrections 
department officer the officer's firearm, nightstick, stun gun, or 
personal protection chemical dispensing device with the intention 
of harming the officer or a third person.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 3.  This Act takes effect September 1, 2005.