Bill Text: TX HB2366 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to criminal conduct that endangers law enforcement; creating a criminal offense and increasing a criminal penalty.

Spectrum: Strong Partisan Bill (Republican 74-8)

Status: (Engrossed) 2021-05-18 - Scheduled for public hearing on . . . [HB2366 Detail]

Download: Texas-2021-HB2366-Engrossed.html
  87R10016 TYPED
 
  By: Buckley, Harless, Ellzey, Murr, et al. H.B. No. 2366
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal conduct that endangers law enforcement;
  creating a criminal offense and increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.13, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  An offense under this section is a Class C misdemeanor,
  except that the offense is:
               (1)  a felony of the third degree if the conduct causes
  bodily injury to the officer; or
               (2)  a felony of the first degree if the conduct causes
  serious bodily injury to the officer.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law, but not both.
         SECTION 2.  Title 10, Penal Code, is amended by adding
  Chapter 50 to read as follows:
  CHAPTER 50. FIREWORKS
         Sec. 50.01.  DEFINITIONS. In this chapter:
               (1)  "Consumer firework" and "fireworks" have the
  meanings assigned by 49 C.F.R. Section 173.59.
               (2)  "Law enforcement officer" means a person who is a
  peace officer under Article 2.12, Code of Criminal Procedure, or a
  person who is a federal law enforcement officer, as defined by 5
  U.S.C. Section 8331(20). 
         Sec. 50.02.  UNLAWFUL USE OF FIREWORKS. (a) A person
  commits an offense if the person explodes or ignites fireworks with
  the intent to:
               (1)  interfere with the lawful performance of an
  official duty by a law enforcement officer; or
               (2)  flee from a person the actor knows is a law
  enforcement officer attempting to lawfully arrest or detain the
  actor.
         (b)  Except as provided by Subsections (c) and (d), an
  offense under this section is a state jail felony.
         (c)  An offense under this section that involves any firework
  that is not a consumer firework is a second degree felony.
         (d)  Notwithstanding Subsection (c), an offense under this
  section is a felony of the first degree if the offense causes
  serious bodily injury to a person the actor knows is a law
  enforcement officer while the law enforcement officer is lawfully
  discharging an official duty or in retaliation or on account of an
  exercise of official power or performance of an official duty as a
  law enforcement officer.
         (e)  If conduct constituting an offense under this section
  also constitutes an offense under any other law, the actor may be
  prosecuted under this section, the other law, or both.
         SECTION 3.  The changes in law made by this Act apply 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 when 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 4.  This Act takes effect September 1, 2021.
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