Bill Text: TX HB563 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the prosecution of and punishment for the offense of official oppression.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-04-16 - Failed to receive affirmative vote in comm. [HB563 Detail]

Download: Texas-2015-HB563-Introduced.html
  84R2848 JSC-D
 
  By: Dutton H.B. No. 563
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for the offense of
  official oppression.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 39.03(a) and (d), Penal Code, are
  amended to read as follows:
         (a)  A public servant acting under color of his office or
  employment commits an offense if he:
               (1)  intentionally subjects another to mistreatment or
  to arrest, detention, search, seizure, dispossession, assessment,
  or lien that he knows is unlawful;
               (2)  intentionally denies or impedes another in the
  exercise or enjoyment of any right, privilege, power, or immunity,
  knowing his conduct is unlawful; [or]
               (3)  intentionally subjects another to sexual
  harassment; or
               (4)  intentionally subjects another to excessive
  physical force.
         (d)  An offense under this section is a Class A misdemeanor,
  except that an offense is a felony of the third degree if:
               (1)  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 Section 42.006, Education Code, under a law requiring
  that reporting; or
               (2)  the actor is a peace officer who engaged in conduct
  constituting an offense under Subsection (a)(4).
         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, 2015.
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