Bill Text: TX HB3617 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the carrying of weapons by community supervision and corrections department officers, juvenile probation officers, and certain retired law enforcement officers and to criminal liability for taking a weapon from certain of those officers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2023-03-16 - Referred to Community Safety, Select [HB3617 Detail]

Download: Texas-2023-HB3617-Introduced.html

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88R13041 JSC-D
By: Tepper H.B. No. 3617

A BILL TO BE ENTITLED
AN ACT
relating to the carrying of weapons by community supervision and
corrections department officers, juvenile probation officers, and
certain retired law enforcement officers and to criminal liability
for taking a weapon from certain of those officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.1305, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) An establishment serving the public may not prohibit or
otherwise restrict a peace officer, a [or] special investigator, a
community supervision and corrections department officer, or a
juvenile probation officer described by Section 46.15(a)(1), (3),
or (9), Penal Code, as applicable, from carrying on the
establishment's premises a weapon that the [peace] officer or
[special] investigator is otherwise authorized to carry,
regardless of whether the [peace] officer or [special] investigator
is engaged in the actual discharge of the officer's or
investigator's duties while carrying the weapon.
(a-1) An establishment serving the public may not prohibit
or otherwise restrict an honorably retired peace officer or other
qualified retired law enforcement officer described by Section
46.15(a)(5), Penal Code, from carrying on the establishment's
premises a weapon that the officer is otherwise authorized to
carry.
SECTION 2. 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 [peace
officer, federal special investigator, employee or official of
correctional facility, parole officer, community supervision and
corrections department officer, or commissioned security
officer]);
(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 3. Section 76.0051, Government Code, is amended to
read as follows:
Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
authorized to carry a weapon under this section, regardless of
whether the officer is [while] engaged in the actual discharge of
the officer's duties, only if:
(1) the officer possesses a certificate of firearms
proficiency issued by the Texas Commission on Law Enforcement under
Section 1701.257, Occupations Code; and
(2) the director of the department agrees to the
authorization.
SECTION 4. Section 142.006(a), Human Resources Code, is
amended to read as follows:
(a) A juvenile probation officer may carry a firearm under
this section, regardless of whether the officer is carrying the
firearm in the course of the officer's official duties, if:
(1) the juvenile probation officer possesses a
certificate of firearms proficiency issued by the Texas Commission
on Law Enforcement under Section 1701.259, Occupations Code;
(2) the chief juvenile probation officer of the
juvenile probation department that employs the juvenile probation
officer authorizes the juvenile probation officer to carry a
firearm in the course of the officer's official duties; and
(3) the juvenile probation officer has been employed
for at least one year by the juvenile probation department
described by Subdivision (2).
SECTION 5. 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 [PEACE OFFICER,
FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
SECTION 6. 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 7. Section 46.15, Penal Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment [in this state]
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers, and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and authorized to carry a weapon under Section 76.0051,
Government Code, and neither section prohibits the [an] officer
from carrying a weapon in this state, including in an establishment
serving the public, regardless of whether [if] the officer is[:
[(A)] engaged in the actual discharge of the
officer's duties while carrying the weapon[; and
[(B) authorized to carry a weapon under Section
76.0051, Government Code];
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer, and neither section prohibits the
officer from carrying a weapon in this state, including in an
establishment serving the public;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code, and
neither section prohibits the officer from carrying a firearm in
this state, including in an establishment serving the public,
regardless of whether the officer is carrying the firearm in the
course of the officer's official duties; or
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
(c) In this section, "establishment serving the public" has
the meaning assigned by Article 2.1305, Code of Criminal Procedure.
SECTION 8. Article 2.1305, Code of Criminal Procedure, as
amended by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 9. Section 76.0051, Government Code, as amended by
this Act, and Section 142.006, Human Resources Code, as amended by
this Act, apply only to the carrying of a weapon or firearm on or
after the effective date of this Act.
SECTION 10. Sections 38.14 and 46.15, Penal Code, as
amended 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 11. This Act takes effect September 1, 2023.