81R5628 HLT-D
 
  By: Bohac H.B. No. 1721
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to taking or attempting to take a weapon from an employee
  or official of a correctional facility that is operated by a county
  or municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 38.14, Penal Code, is
  amended to read as follows:
         Sec. 38.14.  TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
  OFFICER, EMPLOYEE OR OFFICIAL OF CERTAIN CORRECTIONAL FACILITIES,
  PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
  DEPARTMENT OFFICER.
         SECTION 2.  Sections 38.14(b), (c), (d), and (e), Penal
  Code, are amended to read as follows:
         (b)  A person commits an offense if the person intentionally
  or knowingly and with force takes or attempts to take from a peace
  officer, employee or official of a correctional facility that is
  operated by a county or municipality, parole officer, or community
  supervision and corrections department officer the officer's,
  employee's, or official's firearm, nightstick, stun gun, or
  personal protection chemical dispensing device with the intention
  of harming the officer, employee, or official or a third person.
         (c)  The actor is presumed to have known that the peace
  officer, employee or official of a correctional facility that is
  operated by a county or municipality, parole officer, or community
  supervision and corrections department officer was a peace officer,
  employee or official of a correctional facility that is operated by
  a county or municipality, parole officer, or community supervision
  and corrections department officer if:
               (1)  the officer, employee, or official was wearing a
  distinctive uniform or badge indicating his employment;[,] or
               (2)  [if] the officer, employee, or official identified
  himself as a peace officer, employee or official of a correctional
  facility that is operated by a county or municipality, parole
  officer, or community supervision and corrections department
  officer.
         (d)  It is a defense to prosecution under this section that
  the defendant took or attempted to take the weapon from a peace
  officer, employee or official of a correctional facility that is
  operated by a county or municipality, parole officer, or community
  supervision and corrections department officer who was using force
  against the defendant or another in excess of the amount of force
  permitted by law.
         (e)  An offense under this section is:
               (1)  a felony of the third degree, if the defendant took
  a weapon described by Subsection (b) from an officer, employee, or
  official described by that subsection; [Subsection (b)] and
               (2)  [is] a state jail felony, if the defendant
  attempted to take a [the] weapon described by Subsection (b) from an 
  [the] officer, employee, or official described by that subsection.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2009.