Bill Text: TX HB2918 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of interference with public duties; increasing a penalty.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-26 - No action taken in committee [HB2918 Detail]
Download: Texas-2015-HB2918-Introduced.html
| 84R7910 MEW-D | ||
| By: Villalba | H.B. No. 2918 | |
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| relating to the prosecution of the offense of interference with | ||
| public duties; increasing a penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 38.15, Penal Code, is amended by | ||
| amending Subsections (b) and (e) and adding Subsections (f) and (g) | ||
| to read as follows: | ||
| (b) An offense under this section is a Class B misdemeanor, | ||
| except that an offense under Subsection (a)(1) that is based on | ||
| conduct described by Subsection (f)(2) is a Class A misdemeanor. | ||
| (e) In this section: | ||
| (1) "Emergency" [ |
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| circumstance in which an individual is or is reasonably believed by | ||
| the person transmitting the communication to be in imminent danger | ||
| of serious bodily injury or in which property is or is reasonably | ||
| believed by the person transmitting the communication to be in | ||
| imminent danger of damage or destruction. | ||
| (2) "News media" means: | ||
| (A) a radio or television station that holds a | ||
| license issued by the Federal Communications Commission; | ||
| (B) a newspaper that is qualified under Section | ||
| 2051.044, Government Code, to publish legal notices or is a free | ||
| newspaper of general circulation and that is published at least | ||
| once a week and available and of interest to the general public in | ||
| connection with the dissemination of news or public affairs; or | ||
| (C) a magazine that appears at a regular | ||
| interval, that contains stories, articles, and essays by various | ||
| writers, and that is available and of interest to the general public | ||
| in connection with the dissemination of news or public affairs. | ||
| (f) For purposes of Subsection (a)(1), an interruption, | ||
| disruption, impediment, or interference that occurs while a peace | ||
| officer is performing a duty or exercising authority imposed or | ||
| granted by law includes a person: | ||
| (1) filming, recording, photographing, or documenting | ||
| the officer within 25 feet of the officer; or | ||
| (2) filming, recording, photographing, or documenting | ||
| the officer within 100 feet of the officer while carrying a handgun | ||
| under the authority of Subchapter H, Chapter 411, Government Code. | ||
| (g) It is a defense to prosecution for an offense under | ||
| Subsection (a)(1) based on conduct described by Subsection (f)(2) | ||
| that the interruption, disruption, impediment, or interference was | ||
| caused by a person who, at the time of the offense, was: | ||
| (1) a news media employee acting in the course and | ||
| scope of the person's employment; or | ||
| (2) employed by or working with an organization or | ||
| entity engaged in law enforcement activities. | ||
| 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. | ||
