85R11646 KJE-D     By: Hunter H.B. No. 2908       A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for an offense committed   against a person because of bias or prejudice on the basis of   service as a peace officer and to an education campaign regarding   the importance of peace officers in the community.          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 service as a peace officer.          SECTION 2.  Subchapter D, Chapter 1701, Occupations Code, is   amended by adding Section 1701.166 to read as follows:          Sec. 1701.166.  EDUCATION CAMPAIGN. (a)  The commission   shall develop and implement a campaign to educate children in this   state on the value that peace officers bring to a community.          (b)  The commission may collaborate with any relevant state   agency in developing and implementing the campaign under this   section.          SECTION 3.  Section 12.47, Penal Code, is amended to read as   follows:          Sec. 12.47.  PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR   PREJUDICE. (a) If an affirmative finding under Article 42.014,   Code of Criminal Procedure, is made in the trial of an offense other   than a first degree felony or a Class A misdemeanor, the punishment   for the offense is increased to the punishment prescribed for the   next highest category of offense. If the offense is a Class A   misdemeanor, the minimum term of confinement for the offense is   increased to 180 days.          (b)  This section does not apply to the trial of:                (1)  an offense of injury to a disabled individual   under Section [Sec.] 22.04, if the affirmative finding in the case   under Article 42.014, Code of Criminal Procedure, shows that the   defendant intentionally selected the victim because the victim was   disabled; or                (2)  an offense for which the punishment is subject to   enhancement based on the victim's service as a peace officer.          (c) [(b)]  The attorney general, if requested to do so by a   prosecuting attorney, may assist the prosecuting attorney in the   investigation or prosecution of an offense committed because of   bias or prejudice. The attorney general shall designate one   individual in the division of the attorney general's office that   assists in the prosecution of criminal cases to coordinate   responses to requests made under this subsection.          SECTION 4.  Section 20.02(c), Penal Code, is amended to read   as follows:          (c)  An offense under this section is a Class A misdemeanor,   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                      (C)  the actor while in custody restrains any   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 while the 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 peace   officer.          SECTION 5.  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 while   the 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 peace officer.          SECTION 6.  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.          SECTION 7.  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 while the officer was in the actual discharge of an   official duty.          SECTION 8.  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 9.  This Act takes effect September 1, 2017.