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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 for the offense of |
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assault committed against certain public servants and to the |
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prosecution of the criminal offense of interference with public |
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duties of those public servants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.01(c) and (d), Penal Code, are |
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amended to read as follows: |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual, as those terms are defined by Section 22.04; |
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(2) a Class B misdemeanor if the offense is committed |
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by a person who is not a sports participant against a person the |
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actor knows is a sports participant either: |
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(A) while the participant is performing duties or |
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responsibilities in the participant's capacity as a sports |
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participant; or |
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(B) in retaliation for or on account of the |
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participant's performance of a duty or responsibility within the |
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participant's capacity as a sports participant; |
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(3) a Class B misdemeanor if the offense is committed |
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against a person the actor knows is: |
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(A) a peace officer, a community supervision and |
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corrections department officer, or a parole officer while the |
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officer is performing a duty or exercising authority imposed or |
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granted by law; or |
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(B) emergency services personnel while the |
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person is providing emergency services; or |
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(4) [(3)] a Class A misdemeanor if the offense is |
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committed against a pregnant individual to force the individual to |
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have an abortion. |
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(d) For purposes of Subsections [Subsection] (b) and (c), |
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the actor is presumed to have known the person assaulted was a |
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public servant, including a public servant described by Subsection |
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(c)(3)(A), a security officer, or emergency services personnel if |
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the person was wearing a distinctive uniform or badge indicating |
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the person's employment as a public servant or status as a security |
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officer or emergency services personnel. |
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SECTION 2. Sections 38.15(a) and (d-1), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person with criminal |
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negligence interrupts, disrupts, impedes, or otherwise interferes |
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with: |
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(1) a peace officer, a community supervision and |
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corrections department officer, or a parole officer while the |
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[peace] officer is performing a duty or exercising authority |
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imposed or granted by law; |
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(2) a person who is employed to provide emergency |
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medical services including the transportation of ill or injured |
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persons while the person is performing that duty; |
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(3) a fire fighter, while the fire fighter is fighting |
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a fire or investigating the cause of a fire; |
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(4) an animal under the supervision of a peace |
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officer, corrections officer, or jailer, if the person knows the |
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animal is being used for law enforcement, corrections, prison or |
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jail security, or investigative purposes; |
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(5) the transmission of a communication over a |
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citizen's band radio channel, the purpose of which communication is |
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to inform or inquire about an emergency; |
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(6) an officer with responsibility for animal control |
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in a county or municipality, while the officer is performing a duty |
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or exercising authority imposed or granted under Chapter 821 or |
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822, Health and Safety Code; or |
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(7) a person who: |
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(A) has responsibility for assessing, enacting, |
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or enforcing public health, environmental, radiation, or safety |
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measures for the state or a county or municipality; |
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(B) is investigating a particular site as part of |
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the person's responsibilities under Paragraph (A); |
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(C) is acting in accordance with policies and |
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procedures related to the safety and security of the site described |
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by Paragraph (B); and |
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(D) is performing a duty or exercising authority |
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imposed or granted under the Agriculture Code, Health and Safety |
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Code, Occupations Code, or Water Code. |
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(d-1) Except as provided by Subsection (d-2), in a |
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prosecution for an offense under Subsection (a)(1), there is a |
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rebuttable presumption that the actor interferes with a peace |
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officer, community supervision and corrections department officer, |
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or parole officer if it is shown on the trial of the offense that the |
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actor intentionally disseminated the home address, home telephone |
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number, emergency contact information, or social security number of |
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the officer or a family member of the officer or any other |
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information that is specifically described by Section 552.117(a), |
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Government Code. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |