| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the punishment for a criminal offense committed against |
|
|
a person because of bias or prejudice on the basis of status as a |
|
|
peace officer or judge; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42.014(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) In the trial of an offense under Title 5, Penal Code, or |
|
|
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an |
|
|
affirmative finding of fact and enter the affirmative finding in |
|
|
the judgment of the case if at the guilt or innocence phase of the |
|
|
trial, the judge or the jury, whichever is the trier of fact, |
|
|
determines beyond a reasonable doubt that the defendant |
|
|
intentionally selected the person against whom the offense was |
|
|
committed, or intentionally selected the person's property that was |
|
|
damaged or affected as a result of the offense, because of the |
|
|
defendant's bias or prejudice against a group identified by race, |
|
|
color, disability, religion, national origin or ancestry, age, |
|
|
gender, or sexual preference or by status as a peace officer or |
|
|
judge. |
|
|
SECTION 2. Section 20.02(c), Penal Code, is amended to read |
|
|
as follows: |
|
|
(c) An offense under this section is a Class A misdemeanor, |
|
|
except that the offense is: |
|
|
(1) a state jail felony if the person restrained was a |
|
|
child younger than 17 years of age; [or] |
|
|
(2) a felony of the third degree if: |
|
|
(A) the actor recklessly exposes the victim to a |
|
|
substantial risk of serious bodily injury; |
|
|
(B) the actor restrains an individual the actor |
|
|
knows is a public servant while the public servant is lawfully |
|
|
discharging an official duty or in retaliation or on account of an |
|
|
exercise of official power or performance of an official duty as a |
|
|
public servant; or |
|
|
(C) the actor while in custody restrains any |
|
|
other person; or |
|
|
(3) notwithstanding Subdivision (2)(B), a felony of |
|
|
the second degree if the actor restrains an individual the actor |
|
|
knows is a peace officer or judge while the officer or judge is |
|
|
lawfully discharging an official duty or in retaliation or on |
|
|
account of an exercise of official power or performance of an |
|
|
official duty as a peace officer or judge. |
|
|
SECTION 3. Section 22.01, Penal Code, is amended by adding |
|
|
Subsection (b-2) to read as follows: |
|
|
(b-2) Notwithstanding Subsection (b)(1), an offense under |
|
|
Subsection (a)(1) is a felony of the second degree if the offense is |
|
|
committed against a person the actor knows is a peace officer or |
|
|
judge while the officer or judge is lawfully discharging an |
|
|
official duty or in retaliation or on account of an exercise of |
|
|
official power or performance of an official duty as a peace officer |
|
|
or judge. |
|
|
SECTION 4. Section 22.07, Penal Code, is amended by adding |
|
|
Subsection (c-1) to read as follows: |
|
|
(c-1) Notwithstanding Subsection (c)(2), an offense under |
|
|
Subsection (a)(2) is a state jail felony if the offense is committed |
|
|
against a person the actor knows is a peace officer or judge. |
|
|
SECTION 5. Section 49.09(b-1), Penal Code, is amended to |
|
|
read as follows: |
|
|
(b-1) An offense under Section 49.07 is: |
|
|
(1) a felony of the second degree if it is shown on the |
|
|
trial of the offense that the person caused serious bodily injury to |
|
|
[a peace officer,] a firefighter[,] or emergency medical services |
|
|
personnel while in the actual discharge of an official duty; or |
|
|
(2) a felony of the first degree if it is shown on the |
|
|
trial of the offense that the person caused serious bodily injury to |
|
|
a peace officer or judge while the officer or judge was in the |
|
|
actual discharge of an official duty. |
|
|
SECTION 6. The changes in law made by this Act apply only to |
|
|
an offense committed on or after the effective date of this Act. An |
|
|
offense committed before the effective date of this Act is governed |
|
|
by the law in effect on the date the offense was committed, and the |
|
|
former law is continued in effect for that purpose. For purposes of |
|
|
this section, an offense was committed before the effective date of |
|
|
this Act if any element of the offense occurred before that date. |
|
|
SECTION 7. This Act takes effect September 1, 2017. |
|
|
|
|
|
* * * * * |