85(R) HB 2908 - Enrolled version (original) (raw)

AN ACT

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:

except that the offense is:

(1) a state jail felony if the person restrained was a

child younger than 17 years of age; [or]

(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

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

[~~a peace officer,~~] a firefighter[,] or emergency medical services

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