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A BILL TO BE ENTITLED
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AN ACT
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relating to taking or attempting to take a weapon from an employee |
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or official of a correctional facility that is operated by a county |
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or municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 38.14, Penal Code, is |
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amended to read as follows: |
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Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE |
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OFFICER, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY THAT IS |
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OPERATED BY A COUNTY OR MUNICIPALITY, PAROLE OFFICER, OR COMMUNITY |
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SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER. |
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SECTION 2. Sections 38.14(b), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if the person intentionally |
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or knowingly and with force takes or attempts to take from a peace |
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officer, employee or official of a correctional facility that is |
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operated by a county or municipality, parole officer, or community |
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supervision and corrections department officer the officer's, |
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employee's, or official's firearm, nightstick, stun gun, or |
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personal protection chemical dispensing device with the intention |
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of harming the officer, employee, or official or a third person. |
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(c) The actor is presumed to have known that the peace |
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officer, employee or official of a correctional facility that is |
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operated by a county or municipality, parole officer, or community |
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supervision and corrections department officer was a peace officer, |
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employee or official of a correctional facility that is operated by |
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a county or municipality, parole officer, or community supervision |
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and corrections department officer if: |
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(1) the officer, employee, or official was wearing a |
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distinctive uniform or badge indicating his employment;[,] or |
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(2) [if] the officer, employee, or official identified |
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himself as a peace officer, employee or official of a correctional |
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facility that is operated by a county or municipality, parole |
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officer, or community supervision and corrections department |
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officer. |
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(d) It is a defense to prosecution under this section that |
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the defendant took or attempted to take the weapon from a peace |
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officer, employee or official of a correctional facility that is |
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operated by a county or municipality, parole officer, or community |
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supervision and corrections department officer who was using force |
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against the defendant or another in excess of the amount of force |
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permitted by law. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |