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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of unauthorized use of an |
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emergency communications device. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Penal Code, is amended by adding |
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Section 42.063 to read as follows: |
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Sec. 42.063. UNAUTHORIZED USE OF EMERGENCY COMMUNICATIONS |
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DEVICE. (a) In this section: |
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(1) "Emergency" means a condition or circumstance in |
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which an individual is in imminent danger of serious bodily injury |
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or in which property is in imminent danger of damage or destruction. |
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(2) "Emergency communications device" means any |
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device that is: |
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(A) owned by a governmental entity and routinely |
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used by first responders to communicate with each other and with |
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employers of first responders; or |
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(B) capable of transmitting over a radio |
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frequency that is routinely used by first responders to transmit or |
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receive communications. |
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(3) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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(b) A person commits an offense if the person, without |
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authorization, intentionally, knowingly, or recklessly: |
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(1) uses an emergency communications device; |
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(2) transmits a communication by using an emergency |
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communications device; or |
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(3) transmits over a radio frequency routinely used by |
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first responders to transmit or receive communications through |
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emergency communications devices. |
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(c) Except as provided by Subsection (d), an offense under |
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this section is a Class A misdemeanor. |
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(d) An offense under this section is a felony of the third |
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degree if, during the commission of the offense, the actor: |
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(1) interferes with the ability of a first responder |
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to respond to an emergency; or |
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(2) diverts a first responder from a location with the |
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intent to facilitate the commission of another criminal offense by |
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any person. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. This Act takes effect September 1, 2007. |