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AN ACT
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relating to the punishment for a criminal offense committed against |
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a person because of bias or prejudice on the basis of status as a |
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peace officer or judge; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.014(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In the trial of an offense under Title 5, Penal Code, or |
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Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an |
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affirmative finding of fact and enter the affirmative finding in |
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the judgment of the case if at the guilt or innocence phase of the |
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trial, the judge or the jury, whichever is the trier of fact, |
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determines beyond a reasonable doubt that the defendant |
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intentionally selected the person against whom the offense was |
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committed, or intentionally selected the person's property that was |
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damaged or affected as a result of the offense, because of the |
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defendant's bias or prejudice against a group identified by race, |
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color, disability, religion, national origin or ancestry, age, |
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gender, or sexual preference or by status as a peace officer or |
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judge. |
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SECTION 2. Section 20.02(c), Penal Code, is amended to read |
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as follows: |
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(c) 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 the person restrained was a |
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child younger than 17 years of age; [or] |
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(2) a felony of the third degree if: |
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(A) the actor recklessly exposes the victim to a |
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substantial risk of serious bodily injury; |
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(B) the actor restrains an individual the actor |
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knows is a public servant while the public servant is lawfully |
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discharging an official duty or in retaliation or on account of an |
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exercise of official power or performance of an official duty as a |
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public servant; or |
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(C) the actor while in custody restrains any |
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other person; or |
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(3) notwithstanding Subdivision (2)(B), a felony of |
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the second degree if the actor restrains an individual the actor |
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knows is a peace officer or judge while the officer or judge is |
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lawfully discharging an official duty or in retaliation or on |
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account of an exercise of official power or performance of an |
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official duty as a peace officer or judge. |
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SECTION 3. Section 22.01, Penal Code, is amended by adding |
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Subsection (b-2) to read as follows: |
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(b-2) Notwithstanding Subsection (b)(1), an offense under |
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Subsection (a)(1) is a felony of the second degree if the offense is |
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committed against a person the actor knows is a peace officer or |
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judge while the officer or judge is lawfully discharging an |
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official duty or in retaliation or on account of an exercise of |
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official power or performance of an official duty as a peace officer |
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or judge. |
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SECTION 4. Section 22.07, Penal Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) Notwithstanding Subsection (c)(2), an offense under |
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Subsection (a)(2) is a state jail felony if the offense is committed |
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against a person the actor knows is a peace officer or judge. |
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SECTION 5. Section 49.09(b-1), Penal Code, is amended to |
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read as follows: |
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(b-1) An offense under Section 49.07 is: |
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(1) a felony of the second degree if it is shown on the |
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trial of the offense that the person caused serious bodily injury to |
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[a peace officer,] a firefighter[,] or emergency medical services |
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personnel while in the actual discharge of an official duty; or |
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(2) a felony of the first degree if it is shown on the |
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trial of the offense that the person caused serious bodily injury to |
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a peace officer or judge while the officer or judge was in the |
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actual discharge of an official duty. |
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SECTION 6. 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 7. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2908 was passed by the House on May |
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12, 2017, by the following vote: Yeas 141, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2908 was passed by the Senate on May |
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23, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |