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AN ACT
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relating to taking or attempting to take a weapon from a |
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commissioned security officer. |
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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, PAROLE OFFICER, [OR] COMMUNITY SUPERVISION AND |
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CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER. |
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SECTION 2. Section 38.14(a), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Commissioned security officer" has the meaning |
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assigned by Section 1702.002(5), Occupations Code. |
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SECTION 3. Sections 38.14(b), (c), and (d), Penal Code, are |
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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, parole officer, [or] community supervision and |
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corrections department officer, or commissioned security officer |
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the officer's firearm, nightstick, stun gun, or personal protection |
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chemical dispensing device with the intention of harming the |
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officer or a third person. |
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(c) The actor is presumed to have known that the peace |
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officer, parole officer, [or] community supervision and |
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corrections department officer, or commissioned security officer |
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was a peace officer, parole officer, [or] community supervision and |
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corrections department officer, or commissioned security officer |
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if: |
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(1) the officer was wearing a distinctive uniform or |
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badge indicating his employment;[,] or |
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(2) [if] the officer identified himself as a peace |
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officer, parole officer, [or] community supervision and |
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corrections department officer, or commissioned security 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, parole officer, [or] community supervision and |
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corrections department officer, or commissioned security officer |
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who was using force against the defendant or another in excess of |
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the amount of force permitted by law. |
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SECTION 4. 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 5. 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. 3147 was passed by the House on April |
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28, 2009, by the following vote: Yeas 148, 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. 3147 was passed by the Senate on May |
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26, 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 |