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79R4512 KCR-D

By:  Jones of Dallas                                              H.B. No. 1371



A BILL TO BE ENTITLED

AN ACT

relating to certain offenses that involve impersonating a peace 
officer or other public servant and misrepresenting the nature of 
certain property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.11(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a felony of the third 
degree, except that an offense under this section is a felony of the 
second degree if the actor commits the offense with the intent to 
commit an offense in addition to the offense under this section.
	SECTION 2.  Sections 37.12(a), (b), and (d), Penal Code, are 
amended to read as follows:
	(a)  A person commits an offense if:                                           
		(1)  the person makes, provides to another person, or 
possesses a uniform, card, document, badge, insignia, shoulder 
emblem, or other item bearing an insignia of a law enforcement 
agency that identifies a person as a peace officer or a reserve law 
enforcement officer;  and
		(2)  the person who makes, provides, or possesses the 
item bearing the insignia knows that the person so identified by the 
item is not commissioned as a peace officer or reserve law 
enforcement officer as indicated on the item.
	(b)  It is a defense to prosecution under this section that:                   
		(1)  the uniform, card, document, badge, insignia, 
shoulder emblem, or other item bearing an insignia of a law 
enforcement agency clearly identifies the person as an honorary or 
junior peace officer or reserve law enforcement officer, or as a 
member of a junior posse;
		(2)  the person identified as a peace officer or 
reserve law enforcement officer by the item bearing the insignia 
was commissioned in that capacity when the item was made; or
		(3)  the item was used or intended for use exclusively 
for decorative purposes or in an artistic or dramatic presentation.
	(d)  A person commits an offense if the person intentionally 
or knowingly misrepresents an object, including a uniform,  as 
property belonging to a law enforcement agency.
	SECTION 3.  The changes in law made by this Act apply 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 at the time the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 4.  This Act takes effect September 1, 2005.