| |
| |
|
|
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. |