88R877 JCG-D
 
  By: Miles S.B. No. 183
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalty prescribed for certain
  acts of official oppression.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.03, Penal Code, is amended by
  amending Subsection (d) and adding Subsections (e), (f), and (g) to
  read as follows:
         (d)  Except as otherwise provided by this section, an [An]
  offense under this section is a Class A misdemeanor.
         (e)  An[, except that an] offense under this section is a
  felony of the third degree if the public servant acted with the
  intent to impair the accuracy of data reported to the Texas
  Education Agency through the Public Education Information
  Management System (PEIMS) described by Sections 48.008 and 48.009,
  Education Code, under a law requiring that reporting.
         (f)  An offense under this section is a felony of the second
  degree if the public servant, at the time of the commission of the
  offense, was a peace officer and:
               (1)  caused bodily injury to another or threatened
  another with imminent bodily injury; and
               (2)  while engaging in the conduct described by
  Subdivision (1):
                     (A)  caused serious bodily injury to another; or
                     (B)  used or exhibited a deadly weapon.
         (g)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section or both sections.
         SECTION 2.  The change in law made by this Act applies 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 3.  This Act takes effect September 1, 2023.