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A BILL TO BE ENTITLED
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AN ACT
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relating to the charging instrument in the prosecution of the |
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offense of resisting arrest. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Code of Criminal Procedure, is |
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amended by adding Article 21.151 to read as follows: |
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Art. 21.151. RESISTING ARREST. The complaint, information, |
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or indictment in the prosecution of a criminal case in which the |
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sole allegation is that a person has resisted arrest under Section |
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38.03, Penal Code, must state the underlying offense for which the |
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person was resisting arrest. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal case in which the complaint, information, or |
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indictment is presented to the court on or after the effective date |
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of this Act. A criminal case in which the complaint, information, or |
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indictment was presented to the court before the effective date of |
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this Act is governed by the law in effect on the date the complaint, |
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information, or indictment was presented, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |