BILL ANALYSIS

C.S.H.B. 2746

By: Ellzey

Homeland Security & Public Safety

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been suggested that state law needs to better protect law enforcement from the potential danger of a laser pointer. C.S.H.B. 2746 seeks to enhance the penalty for knowingly directing a light from a laser pointer at a uniformed safety officer if the laser pointer causes serious bodily injury to the officer.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2746 amends the Penal Code to enhance the penalty for knowingly directing a light from a laser pointer at a uniformed safety officer from a Class C misdemeanor to a third degree felony if the officer suffers serious bodily injury. If conduct that constitutes the offense also constitutes an offense under any other law, the actor may be prosecuted for either or both offenses.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2746 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The original enhanced the penalty for knowingly directing a light from a laser pointer at a uniformed safety officer from a Class C misdemeanor to a state jail felony if the officer involved suffers bodily injury. The substitute omits the enhancement for bodily injury.