Bill Text: TX HB534 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 534 (Prior Session Legislation)

Introduced

Bill Title: Relating to the punishment for the offense of resisting arrest, search, or transportation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-04-23 - Left pending in committee [HB534 Detail]

Download: Texas-2013-HB534-Introduced.html

	83R3195 JRR-D

	By: Kleinschmidt	H.B. No. 534



	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for the offense of resisting arrest,
	search, or transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 38.03, Penal Code, is amended by
	amending Subsection (d) and adding Subsection (e) to read as
	follows:
	(d) An offense under this section is:
	(1) a state jail felony if it is shown on the trial of
	the offense that the defendant has been previously convicted of an
	offense under this section; and
	(2) a felony of the third degree if the defendant used
	[~~actor uses~~] a deadly weapon to resist the arrest or search.
	(e) For purposes of Subsection (d)(1), a defendant has been
	previously convicted under this section if the defendant was
	adjudged guilty of the offense or entered a plea of guilty or nolo
	contendere in return for a grant of deferred adjudication,
	regardless of whether the sentence for the offense was ever imposed
	or whether the sentence was probated and the defendant was
	subsequently discharged from community supervision.
	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, 2013.