88R13039 JSC-D     By: Perry S.B. No. 1961       A BILL TO BE ENTITLED   AN ACT   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 [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 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 [PEACE OFFICER,   FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL   FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS   DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].          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.