Bill Text: TX HB3858 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of obstruction or retaliation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Criminal Jurisprudence [HB3858 Detail]
Download: Texas-2017-HB3858-Introduced.html
85R12797 JRR-F | ||
By: Rose | H.B. No. 3858 |
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relating to the prosecution of the offense of obstruction or | ||
retaliation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 36.06(a-1) and (d), Penal Code, are | ||
amended to read as follows: | ||
(a-1) A person commits an offense if the person : | ||
(1) posts on a publicly accessible website: | ||
(A) the residence address or telephone number of | ||
an individual the actor knows is a public servant; or | ||
(B) the name, residence address, or telephone | ||
number of a member of a public servant's family or household; and | ||
(2) engages in the conduct described by Subdivision | ||
(1) with the intent to cause harm or a threat of harm to the | ||
individual or a member of the individual's family or household in | ||
retaliation for or on account of the service or status of the | ||
individual as a public servant. | ||
(d) For purposes of Subsection (a-1), it is prima facie | ||
evidence of the intent to cause harm or a threat of harm to an | ||
individual the person knows is a public servant or a member of the | ||
individual's [ |
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(1) receives a written demand from the individual or | ||
an official representative of the individual's employer to not | ||
disclose the name, address, or telephone number for reasons of | ||
safety; and | ||
(2) either: | ||
(A) fails to remove the name, address, or | ||
telephone number from the publicly accessible website within a | ||
period of 48 hours after receiving the demand; or | ||
(B) reposts the name, address, or telephone | ||
number on the same or a different publicly accessible website, or | ||
makes the information publicly available through another medium, | ||
within a period of four years after receiving the demand, | ||
regardless of whether the individual is no longer a public servant. | ||
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, 2017. |