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Amend CSSB 11 by adding the following appropriately numbered
SECTION to the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTION ____. Chapter 42, Penal Code, is amended by adding
Section 42.063 to read as follows:
Sec. 42.063. UNAUTHORIZED USE OF EMERGENCY COMMUNICATIONS
DEVICE. (a) In this section:
(1) "Emergency" means a condition or circumstance in
which an individual is in imminent danger of serious bodily injury
or in which property is in imminent danger of damage or destruction.
(2) "Emergency communications device" means any
device that is:
(A) owned by a governmental entity and routinely
used by first responders to communicate with each other and with
employers of first responders; or
(B) capable of transmitting over a radio
frequency that is routinely used by first responders to transmit or
receive communications.
(3) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(b) A person commits an offense if the person, without
authorization, intentionally, knowingly, or recklessly:
(1) uses an emergency communications device;
(2) transmits a communication by using an emergency
communications device; or
(3) transmits over a radio frequency routinely used by
first responders to transmit or receive communications through
emergency communications devices.
(c) Except as provided by Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if, during the commission of the offense, the actor:
(1) interferes with the ability of a first responder
to respond to an emergency; or
(2) diverts a first responder from a location with the
intent to facilitate the commission of another criminal offense by
any person.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.