BILL ANALYSIS

H.B. 1721

By: Bohac

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Section 38.14, Penal Code, makes it unlawful for a person to take or attempt to take a weapon from a peace officer, parole officer, or community supervisor and corrections department officer.

Currently, the law does not include county jailers or detention officers that guard prisoners in jails and detention facilities.  There are times when these officers are armed while guarding or transporting the prisoners under their control. In order to protect these officers and prevent escape, it should also be unlawful for a person to try to disarm one of these officers.

H.B. 1721 expands the offense of taking or attempting to take with force a weapon from a peace officer, parole officer, or community supervision and corrections department officer to include taking or attempting to take a weapon from an employee or official of a correctional facility operated by a county or municipality.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1721 amends the Penal Code to expand the offense of taking or attempting to take with force a weapon from a peace officer, parole officer, or community supervision and corrections department officer to include taking or attempting to take a weapon from an employee or official of a correctional facility that is operated by a county or municipality. The bill makes conforming changes regarding the defense to prosecution for the offense and the third-degree felony and state jail felony penalties for the offense.

EFFECTIVE DATE

September 1, 2009.