Bill Text: TX HB2366 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to criminal conduct that endangers law enforcement; creating a criminal offense and increasing a criminal penalty.
Spectrum: Strong Partisan Bill (Republican 76-7)
Status: (Passed) 2021-06-01 - Effective on 9/1/21 [HB2366 Detail]
Download: Texas-2021-HB2366-Enrolled.html
H.B. No. 2366 |
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relating to criminal conduct that endangers law enforcement; | ||
creating a criminal offense and increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.13, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) An offense under this section is a Class C misdemeanor, | ||
except that the offense is: | ||
(1) a felony of the third degree if the conduct causes | ||
bodily injury to the officer; or | ||
(2) a felony of the first degree if the conduct causes | ||
serious bodily injury to the officer. | ||
(d) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section or the other law, but not both. | ||
SECTION 2. Title 10, Penal Code, is amended by adding | ||
Chapter 50 to read as follows: | ||
CHAPTER 50. FIREWORKS | ||
Sec. 50.01. DEFINITIONS. In this chapter: | ||
(1) "Consumer firework" and "fireworks" have the | ||
meanings assigned by 49 C.F.R. Section 173.59. | ||
(2) "Law enforcement officer" means a person who is a | ||
peace officer under Article 2.12, Code of Criminal Procedure, or a | ||
person who is a federal law enforcement officer, as defined by 5 | ||
U.S.C. Section 8331(20). | ||
Sec. 50.02. UNLAWFUL USE OF FIREWORKS. (a) A person | ||
commits an offense if the person explodes or ignites fireworks with | ||
the intent to: | ||
(1) interfere with the lawful performance of an | ||
official duty by a law enforcement officer; or | ||
(2) flee from a person the actor knows is a law | ||
enforcement officer attempting to lawfully arrest or detain the | ||
actor. | ||
(b) Except as provided by Subsections (c) and (d), an | ||
offense under this section is a state jail felony. | ||
(c) An offense under this section that involves any firework | ||
that is not a consumer firework is a second degree felony. | ||
(d) Notwithstanding Subsection (c), an offense under this | ||
section is a felony of the first degree if the offense causes | ||
serious bodily injury to a person the actor knows is a law | ||
enforcement officer while the law enforcement officer 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 | ||
law enforcement officer. | ||
(e) If conduct constituting an offense under this section | ||
also constitutes an offense under any other law, the actor may be | ||
prosecuted under this section, the other law, or both. | ||
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 when 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 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2366 was passed by the House on April | ||
30, 2021, by the following vote: Yeas 119, Nays 12, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2366 was passed by the Senate on May | ||
24, 2021, by the following vote: Yeas 29, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |