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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of obstruction or |
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retaliation; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 38.49(e), Code of Criminal Procedure, is |
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amended to read as follows: |
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(e) A conviction for an offense under Section 36.05 or |
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36.06(a) [36.06], Penal Code, creates a presumption of forfeiture |
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by wrongdoing under this article. |
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SECTION 2. Section 36.06, Penal Code, is amended to read as |
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follows: |
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Sec. 36.06. OBSTRUCTION OR RETALIATION. (a) A person |
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commits an offense if the person [he] intentionally or knowingly |
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harms or threatens to harm another by an unlawful act: |
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(1) in retaliation for or on account of the service or |
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status of another as a: |
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(A) public servant, witness, prospective |
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witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime; or |
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(2) to prevent or delay the service of another as a: |
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(A) public servant, witness, prospective |
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witness, or informant; or |
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(B) person who has reported or who the actor |
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knows intends to report the occurrence of a crime. |
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(a-1) A person commits an offense if the person posts on a |
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publicly accessible website the residence address or telephone |
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number of an individual the actor knows is a public servant or a |
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member of a public servant's family or household with the intent to |
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cause harm or a threat of harm to the individual or a member of the |
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individual's family or household in retaliation for or on account |
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of the service or status of the individual as a public servant. |
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(b) In this section: |
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(1) "Honorably retired peace officer" means a peace |
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officer who: |
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(A) did not retire in lieu of any disciplinary |
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action; |
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(B) was eligible to retire from a law enforcement |
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agency or was ineligible to retire only as a result of an injury |
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received in the course of the officer's employment with the agency; |
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and |
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(C) is entitled to receive a pension or annuity |
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for service as a law enforcement officer or is not entitled to |
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receive a pension or annuity only because the law enforcement |
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agency that employed the officer does not offer a pension or annuity |
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to its employees. |
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(2) "Informant" means a person who has communicated |
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information to the government in connection with any governmental |
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function. |
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(3) "Public servant" has the meaning assigned by |
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Section 1.07, except that the term also includes an honorably |
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retired peace officer. |
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(c) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if: |
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(1) [unless] the victim of the offense was harmed or |
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threatened because of the victim's service or status as a juror; or |
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(2) the actor's conduct is described by Subsection |
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(a-1) and results in the bodily injury of a public servant or a |
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member of a public servant's family or household[, in which event
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the offense is a felony of the second degree]. |
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(d) For purposes of Subsection (a-1), it is prima facie |
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evidence of the intent to cause harm or a threat of harm to an |
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individual the person knows is a public servant or a member of a |
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public servant's family or household if the actor: |
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(1) receives a written demand from the individual to |
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not disclose the address or telephone number for reasons of safety; |
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and |
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(2) either: |
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(A) fails to remove the address or telephone |
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number from the publicly accessible website within a period of 48 |
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hours after receiving the demand; or |
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(B) reposts the address or telephone number on |
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the same or a different publicly accessible website, or makes the |
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information publicly available through another medium, within a |
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period of four years after receiving the demand, regardless of |
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whether the individual is no longer a public servant. |
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SECTION 3. 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 4. This Act takes effect September 1, 2015. |
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* * * * * |