Bill Text: TX SB1961 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to criminal liability for taking a weapon from a juvenile probation officer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-04-03 - Co-author authorized [SB1961 Detail]
Download: Texas-2023-SB1961-Introduced.html
88R13039 JSC-D | ||
By: Perry | S.B. No. 1961 |
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relating to criminal liability for taking a weapon from a juvenile | ||
probation officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.03(b-3)(2), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(2) "Offense involving violence" means an offense | ||
under the following provisions of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 20.03 (kidnapping); | ||
(D) Section 20.04 (aggravated kidnapping); | ||
(E) Section 20A.02 (trafficking of persons); | ||
(F) Section 20A.03 (continuous trafficking of | ||
persons); | ||
(G) Section 21.02 (continuous sexual abuse of | ||
young child or disabled individual); | ||
(H) Section 21.11 (indecency with a child); | ||
(I) Section 22.01(a)(1) (assault), if the | ||
offense is: | ||
(i) punishable as a felony of the second | ||
degree under Subsection (b-2) of that section; or | ||
(ii) punishable as a felony and involved | ||
family violence as defined by Section 71.004, Family Code; | ||
(J) Section 22.011 (sexual assault); | ||
(K) Section 22.02 (aggravated assault); | ||
(L) Section 22.021 (aggravated sexual assault); | ||
(M) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(N) Section 25.072 (repeated violation of | ||
certain court orders or conditions of bond in family violence, | ||
child abuse or neglect, sexual assault or abuse, indecent assault, | ||
stalking, or trafficking case); | ||
(O) Section 25.11 (continuous violence against | ||
the family); | ||
(P) Section 29.03 (aggravated robbery); | ||
(Q) Section 38.14 (taking or attempting to take | ||
weapon from certain individuals working in public safety [ |
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(R) Section 43.04 (aggravated promotion of | ||
prostitution), if the defendant is not alleged to have engaged in | ||
conduct constituting an offense under Section 43.02(a); | ||
(S) Section 43.05 (compelling prostitution); or | ||
(T) Section 43.25 (sexual performance by a | ||
child). | ||
SECTION 2. The heading to Section 38.14, Penal Code, is | ||
amended to read as follows: | ||
Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM | ||
CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [ |
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SECTION 3. Sections 38.14(b), (c), and (d), Penal Code, are | ||
amended to read as follows: | ||
(b) A person commits an offense if the person intentionally | ||
or knowingly and with force takes or attempts to take from a peace | ||
officer, federal special investigator, employee or official of a | ||
correctional facility, parole officer, community supervision and | ||
corrections department officer, juvenile probation officer, or | ||
commissioned security officer the officer's, investigator's, | ||
employee's, or official's firearm, nightstick, stun gun, or | ||
personal protection chemical dispensing device. | ||
(c) The actor is presumed to have known that the peace | ||
officer, federal special investigator, employee or official of a | ||
correctional facility, parole officer, community supervision and | ||
corrections department officer, juvenile probation officer, or | ||
commissioned security officer was a peace officer, federal special | ||
investigator, employee or official of a correctional facility, | ||
parole officer, community supervision and corrections department | ||
officer, juvenile probation officer, or commissioned security | ||
officer if: | ||
(1) the officer, investigator, employee, or official | ||
was wearing a distinctive uniform or badge indicating his | ||
employment; or | ||
(2) the officer, investigator, employee, or official | ||
identified himself as a peace officer, federal special | ||
investigator, employee or official of a correctional facility, | ||
parole officer, community supervision and corrections department | ||
officer, juvenile probation officer, or commissioned security | ||
officer. | ||
(d) It is a defense to prosecution under this section that | ||
the defendant took or attempted to take the weapon from a peace | ||
officer, federal special investigator, employee or official of a | ||
correctional facility, parole officer, community supervision and | ||
corrections department officer, juvenile probation officer, or | ||
commissioned security officer who was using force against the | ||
defendant or another in excess of the amount of force permitted by | ||
law. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2023. |