Bill Text: TX HB2908 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the punishment for a criminal offense committed against a person because of bias or prejudice on the basis of status as a peace officer or judge; increasing a criminal penalty.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2017-06-06 - Effective on 9/1/17 [HB2908 Detail]
Download: Texas-2017-HB2908-Enrolled.html
H.B. No. 2908 |
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relating to the punishment for a criminal offense committed against | ||
a person because of bias or prejudice on the basis of status as a | ||
peace officer or judge; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.014(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In the trial of an offense under Title 5, Penal Code, or | ||
Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an | ||
affirmative finding of fact and enter the affirmative finding in | ||
the judgment of the case if at the guilt or innocence phase of the | ||
trial, the judge or the jury, whichever is the trier of fact, | ||
determines beyond a reasonable doubt that the defendant | ||
intentionally selected the person against whom the offense was | ||
committed, or intentionally selected the person's property that was | ||
damaged or affected as a result of the offense, because of the | ||
defendant's bias or prejudice against a group identified by race, | ||
color, disability, religion, national origin or ancestry, age, | ||
gender, or sexual preference or by status as a peace officer or | ||
judge. | ||
SECTION 2. Section 20.02(c), Penal Code, is amended to read | ||
as follows: | ||
(c) An offense under this section is a Class A misdemeanor, | ||
except that the offense is: | ||
(1) a state jail felony if the person restrained was a | ||
child younger than 17 years of age; [ |
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(2) a felony of the third degree if: | ||
(A) the actor recklessly exposes the victim to a | ||
substantial risk of serious bodily injury; | ||
(B) the actor restrains an individual the actor | ||
knows is a public servant while the public servant 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 | ||
public servant; or | ||
(C) the actor while in custody restrains any | ||
other person; or | ||
(3) notwithstanding Subdivision (2)(B), a felony of | ||
the second degree if the actor restrains an individual the actor | ||
knows is a peace officer or judge while the officer or judge 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 peace officer or judge. | ||
SECTION 3. Section 22.01, Penal Code, is amended by adding | ||
Subsection (b-2) to read as follows: | ||
(b-2) Notwithstanding Subsection (b)(1), an offense under | ||
Subsection (a)(1) is a felony of the second degree if the offense is | ||
committed against a person the actor knows is a peace officer or | ||
judge while the officer or judge 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 peace officer | ||
or judge. | ||
SECTION 4. Section 22.07, Penal Code, is amended by adding | ||
Subsection (c-1) to read as follows: | ||
(c-1) Notwithstanding Subsection (c)(2), an offense under | ||
Subsection (a)(2) is a state jail felony if the offense is committed | ||
against a person the actor knows is a peace officer or judge. | ||
SECTION 5. Section 49.09(b-1), Penal Code, is amended to | ||
read as follows: | ||
(b-1) An offense under Section 49.07 is: | ||
(1) a felony of the second degree if it is shown on the | ||
trial of the offense that the person caused serious bodily injury to | ||
[ |
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personnel while in the actual discharge of an official duty; or | ||
(2) a felony of the first degree if it is shown on the | ||
trial of the offense that the person caused serious bodily injury to | ||
a peace officer or judge while the officer or judge was in the | ||
actual discharge of an official duty. | ||
SECTION 6. 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 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 7. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2908 was passed by the House on May | ||
12, 2017, by the following vote: Yeas 141, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2908 was passed by the Senate on May | ||
23, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |