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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. |
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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, PAROLE |
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OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT |
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OFFICER. |
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SECTION 2. Sections 38.14(b), (c), (d), and (e), Penal |
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Code, are 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, parole |
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officer, or community supervision and corrections department |
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officer the officer's, employee's, or official's firearm, |
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nightstick, stun gun, or personal protection chemical dispensing |
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device with the intention of harming the officer, employee, or |
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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, parole |
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officer, or community supervision and corrections department |
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officer was a peace officer, employee or official of a correctional |
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facility, parole officer, or community supervision and corrections |
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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, parole officer, or community supervision and corrections |
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department 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, parole |
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officer, or community supervision and corrections department |
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officer who was using force against the defendant or another in |
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excess of the amount of force permitted by law. |
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(e) An offense under this section is: |
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(1) a felony of the third degree, if the defendant took |
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a weapon described by Subsection (b) from an officer, employee, or |
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official described by that subsection; [Subsection (b)] and |
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(2) [is] a state jail felony, if the defendant |
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attempted to take a [the] weapon described by Subsection (b) from an |
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[the] officer, employee, or official described by that subsection. |
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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 |
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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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1721 was passed by the House on April |
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28, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1721 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |