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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal offenses committed in relation to a |
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federal special investigator; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.07(a), Penal Code, is amended by |
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adding Subdivision (46-b) to read as follows: |
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(46-b) "Federal special investigator" means a person |
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described by Article 2.122, Code of Criminal Procedure. |
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SECTION 2. The heading to Section 37.08, Penal Code, is |
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amended to read as follows: |
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Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL |
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INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE. |
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SECTION 3. Section 37.08(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with intent to deceive, |
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he knowingly makes a false statement that is material to a criminal |
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investigation and makes the statement to: |
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(1) a peace officer or federal special investigator |
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conducting the investigation; or |
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(2) any employee of a law enforcement agency that is |
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authorized by the agency to conduct the investigation and that the |
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actor knows is conducting the investigation. |
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SECTION 4. Sections 38.04(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally flees |
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from a person he knows is a peace officer or federal special |
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investigator attempting lawfully to arrest or detain him. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if: |
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(A) the actor has been previously convicted under |
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this section; or |
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(B) the actor uses a vehicle while the actor is in |
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flight and the actor has not been previously convicted under this |
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section; |
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(2) a felony of the third degree if: |
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(A) the actor uses a vehicle while the actor is in |
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flight and the actor has been previously convicted under this |
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section; or |
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(B) another suffers serious bodily injury as a |
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direct result of an attempt by the officer or investigator from whom |
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the actor is fleeing to apprehend the actor while the actor is in |
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flight; or |
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(3) a felony of the second degree if another suffers |
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death as a direct result of an attempt by the officer or |
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investigator from whom the actor is fleeing to apprehend the actor |
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while the actor is in flight. |
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SECTION 5. 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, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF |
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CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND |
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CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER. |
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SECTION 6. Sections 38.14(b), (c), (d), and (e), Penal |
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Code, are 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, federal special investigator, employee or official of a |
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correctional facility, parole officer, community supervision and |
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corrections department officer, or commissioned security officer |
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the officer's, investigator's, employee's, or official's firearm, |
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nightstick, stun gun, or personal protection chemical dispensing |
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device with the intention of harming the officer, investigator, |
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employee, or official or a third person. |
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(c) The actor is presumed to have known that the peace |
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officer, federal special investigator, employee or official of a |
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correctional facility, parole officer, community supervision and |
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corrections department officer, or commissioned security officer |
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was a peace officer, federal special investigator, employee or |
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official of a correctional facility, parole officer, community |
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supervision and corrections department officer, or commissioned |
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security officer if: |
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(1) the officer, investigator, employee, or official |
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was wearing a distinctive uniform or badge indicating his |
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employment; or |
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(2) the officer, investigator, employee, or official |
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identified himself as a peace officer, federal special |
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investigator, employee or official of a correctional facility, |
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parole officer, community supervision and corrections department |
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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, federal special investigator, employee or official of a |
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correctional facility, parole officer, 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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(e) An offense under this section is: |
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(1) a felony of the third degree, if the defendant took |
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a weapon described by Subsection (b) from an officer, investigator, |
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employee, or official described by that subsection; and |
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(2) a state jail felony, if the defendant attempted to |
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take a weapon described by Subsection (b) from an officer, |
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investigator, employee, or official described by that subsection. |
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SECTION 7. This Act takes effect September 1, 2011. |