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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty prescribed for certain |
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acts of official oppression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.03, Penal Code, is amended by |
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amending Subsection (d) and adding Subsections (e), (f), and (g) to |
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read as follows: |
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(d) Except as otherwise provided by this section, an [An] |
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offense under this section is a Class A misdemeanor. |
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(e) An[, except that an] offense under this section is a |
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felony of the third degree if the public servant acted with the |
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intent to impair the accuracy of data reported to the Texas |
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Education Agency through the Public Education Information |
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Management System (PEIMS) described by Sections 48.008 and 48.009, |
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Education Code, under a law requiring that reporting. |
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(f) An offense under this section is a felony of the second |
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degree if the public servant, at the time of the commission of the |
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offense, was a peace officer and: |
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(1) caused bodily injury to another or threatened |
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another with imminent bodily injury; and |
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(2) while engaging in the conduct described by |
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Subdivision (1): |
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(A) caused serious bodily injury to another; or |
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(B) used or exhibited a deadly weapon. |
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(g) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |