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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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official oppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.03(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A public servant acting under color of his office or |
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employment commits an offense if he: |
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(1) intentionally subjects another to mistreatment, |
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including excessive force, or to arrest, detention, search, |
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seizure, dispossession, assessment, or lien that he knows is |
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unlawful; |
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(2) intentionally denies or impedes another in the |
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exercise or enjoyment of any right, privilege, power, or immunity, |
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knowing his conduct is unlawful; or |
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(3) intentionally subjects another to sexual |
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harassment. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that an offense under Subsection (a)(1) is a felony of the |
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third degree if the actor is a peace officer. |
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SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2011. |