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AN ACT
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relating to creating an offense for interference with certain radio |
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frequencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.152 to read as follows: |
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Sec. 38.152. INTERFERENCE WITH RADIO FREQUENCY LICENSED TO |
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GOVERNMENT ENTITY. (a) A person commits an offense if, without the |
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effective consent of the law enforcement agency, fire department, |
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or emergency medical services provider, the person intentionally |
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interrupts, disrupts, impedes, jams, or otherwise interferes with a |
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radio frequency that is licensed by the Federal Communications |
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Commission to a government entity and is used by the law enforcement |
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agency, fire department, or emergency medical services provider. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is a state jail felony if the actor |
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committed the offense with the intent to: |
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(1) facilitate the commission of another offense; or |
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(2) interfere with the ability of a law enforcement |
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agency, a fire department, or an emergency medical services |
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provider to respond to an emergency. |
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(c) In this section: |
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(1) "Emergency" has the meaning assigned by Section |
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38.15. |
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(2) "Emergency medical services provider" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(3) "Law enforcement agency" has the meaning assigned |
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by Article 59.01, Code of Criminal Procedure. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 2. 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 hereby certify that S.B. No. 1273 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; |
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May 29, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1273 passed the House, with |
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amendments, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |