bill raising the penalty for offensively touching officers on duty

The text as introduced · 799 words

89R9975 MEW-F

By: Harris
H.B. No. 3665

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

assault committed against certain public servants and to the

prosecution of the criminal offense of interference with public

duties of those public servants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 22.01(c) and (d), Penal Code, are

amended to read as follows:

(c) An offense under Subsection (a)(2) or (3) is a Class C

misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the offense is committed

under Subsection (a)(3) against an elderly individual or disabled

individual, as those terms are defined by Section 22.04;

(2) a Class B misdemeanor if the offense is committed

by a person who is not a sports participant against a person the

actor knows is a sports participant either:

(A) while the participant is performing duties or

responsibilities in the participant's capacity as a sports

participant; or

(B) in retaliation for or on account of the

participant's performance of a duty or responsibility within the

participant's capacity as a sports participant;

(3) a Class B misdemeanor if the offense is committed

against a person the actor knows is:

(A) a peace officer, a community supervision and

corrections department officer, or a parole officer while the

officer is performing a duty or exercising authority imposed or

granted by law; or

(B) emergency services personnel while the

person is providing emergency services; or

(4) [ (3) ] a Class A misdemeanor if the offense is

committed against a pregnant individual to force the individual to

have an abortion.

(d) For purposes of Subsections [ Subsection ] (b) and (c) ,

the actor is presumed to have known the person assaulted was a

public servant, including a public servant described by Subsection

(c)(3)(A), a security officer, or emergency services personnel if

the person was wearing a distinctive uniform or badge indicating

the person's employment as a public servant or status as a security

officer or emergency services personnel.

SECTION 2. Sections 38.15(a) and (d-1), Penal Code, are

amended to read as follows:

(a) A person commits an offense if the person with criminal

negligence interrupts, disrupts, impedes, or otherwise interferes

with:

(1) a peace officer , a community supervision and

corrections department officer, or a parole officer while the

[ peace ] officer is performing a duty or exercising authority

imposed or granted by law;

(2) a person who is employed to provide emergency

medical services including the transportation of ill or injured

persons while the person is performing that duty;

(3) a fire fighter, while the fire fighter is fighting

a fire or investigating the cause of a fire;

(4) an animal under the supervision of a peace

officer, corrections officer, or jailer, if the person knows the

animal is being used for law enforcement, corrections, prison or

jail security, or investigative purposes;

(5) the transmission of a communication over a

citizen's band radio channel, the purpose of which communication is

to inform or inquire about an emergency;

(6) an officer with responsibility for animal control

in a county or municipality, while the officer is performing a duty

or exercising authority imposed or granted under Chapter 821 or

822, Health and Safety Code; or

(7) a person who:

(A) has responsibility for assessing, enacting,

or enforcing public health, environmental, radiation, or safety

measures for the state or a county or municipality;

(B) is investigating a particular site as part of

the person's responsibilities under Paragraph (A);

(C) is acting in accordance with policies and

procedures related to the safety and security of the site described

by Paragraph (B); and

(D) is performing a duty or exercising authority

imposed or granted under the Agriculture Code, Health and Safety

Code, Occupations Code, or Water Code.

(d-1) Except as provided by Subsection (d-2), in a

prosecution for an offense under Subsection (a)(1), there is a

rebuttable presumption that the actor interferes with a peace

officer , community supervision and corrections department officer,

or parole officer if it is shown on the trial of the offense that the

actor intentionally disseminated the home address, home telephone

number, emergency contact information, or social security number of

the officer or a family member of the officer or any other

information that is specifically described by Section 552.117(a),

Government Code.

SECTION 3. 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.

SECTION 4. This Act takes effect September 1, 2025.