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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses that involve impersonating a peace |
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officer or other public servant and misrepresenting the nature of |
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certain property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.11(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the third |
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degree, except that an offense under this section is a felony of the |
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second degree if the actor commits the offense with the intent to |
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commit an offense in addition to the offense under this section. |
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SECTION 2. Sections 37.12(a), (b), and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if: |
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(1) the person makes, provides to another person, or |
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possesses a uniform, card, document, badge, insignia, shoulder |
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emblem, or other item bearing an insignia of a law enforcement |
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agency that identifies a person as a peace officer or a reserve law |
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enforcement officer; and |
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(2) the person who makes, provides, or possesses the |
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item bearing the insignia knows that the person so identified by the |
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item is not commissioned as a peace officer or reserve law |
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enforcement officer as indicated on the item. |
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(b) It is a defense to prosecution under this section that: |
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(1) the uniform, card, document, badge, insignia, |
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shoulder emblem, or other item bearing an insignia of a law |
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enforcement agency clearly identifies the person as an honorary or |
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junior peace officer or reserve law enforcement officer, or as a |
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member of a junior posse; |
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(2) the person identified as a peace officer or |
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reserve law enforcement officer by the item bearing the insignia |
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was commissioned in that capacity when the item was made; or |
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(3) the item was used or intended for use exclusively |
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for decorative purposes or in an artistic or dramatic presentation. |
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(d) A person commits an offense if the person intentionally |
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or knowingly misrepresents an object, including a uniform, as |
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property belonging to a law enforcement agency. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |