Bill Text: TX HB1265 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to creating the criminal offense of obstructing or interfering with a first responder or an emergency vehicle.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-03-04 - Referred to Criminal Jurisprudence [HB1265 Detail]

Download: Texas-2021-HB1265-Introduced.html
  87R2763 MEW-D
 
  By: Price H.B. No. 1265
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating the criminal offense of obstructing or
  interfering with a first responder or an emergency vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Penal Code, is amended by adding
  Section 42.063 to read as follows:
         Sec. 42.063.  OBSTRUCTING OR INTERFERING WITH FIRST
  RESPONDER OR EMERGENCY VEHICLE. (a) In this section:
               (1)  "Authorized emergency vehicle" has the meaning
  assigned by Section 541.201, Transportation Code.
               (2)  "First responder" has the meaning assigned by
  Section 421.095, Government Code.
         (b)  A person commits an offense if the person recklessly
  obstructs or interferes with:
               (1)  a first responder's ability to render aid at the
  scene of an emergency to a person who is suffering serious bodily
  injury; or
               (2)  the passage of an authorized emergency vehicle
  that is operating the vehicle's siren or emergency lighting system
  to or from the scene of an emergency where a person is suffering
  serious bodily injury.
         (c)  An offense under this section is a state jail felony,
  except that the offense is a third degree felony if it is shown on
  the trial of the offense that a person suffers death as a result of
  the offense.
         (d)  For purposes of Subsection (b)(1), the actor is presumed
  to have known a person is a first responder if the person was
  wearing a distinctive uniform or badge indicating the person's
  employment or duties as a first responder.
         (e)  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.  This Act takes effect September 1, 2021.
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