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�	H.B.�No.�1721

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�	AN ACT
�	relating to taking or attempting to take a weapon from an employee
�	or official of a correctional facility.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��The heading to Section 38.14, Penal Code, is
�	amended to read as follows:
�	�������Sec.�38.14.��TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
�	OFFICER, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE
�	OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT
�	OFFICER.
�	�������SECTION�2.��Sections 38.14(b), (c), (d), and (e), 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, employee or official of a correctional facility, parole
�	officer, or community supervision and corrections department
�	officer the officer's, employee's, or official's firearm,
�	nightstick, stun gun, or personal protection chemical dispensing
�	device with the intention of harming the officer, employee, or
�	official or a third person.
�	�������(c)��The actor is presumed to have known that the peace
�	officer, employee or official of a correctional facility,�parole
�	officer, or community supervision and corrections department
�	officer was a peace officer, employee or official of a correctional
�	facility, parole officer, or community supervision and corrections
�	department officer if:
�	�������������(1)��the officer, employee, or official was wearing a
�	distinctive uniform or badge indicating his employment;[,] or
�	�������������(2)��[if] the officer, employee, or official identified
�	himself as a peace officer, employee or official of a correctional
�	facility,�parole officer, or community supervision and corrections
�	department 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, employee or official of a correctional facility, parole
�	officer, or community supervision and corrections department
�	officer who was using force against the defendant or another in
�	excess of the amount of force permitted by law.
�	�������(e)��An offense under this section is:
�	�������������(1)��a felony of the third degree, if the defendant took
�	a weapon described by Subsection (b) from an officer, employee, or
�	official described by that subsection;�[Subsection (b)]�and
�	�������������(2)��[is] a state jail felony, if the defendant
�	attempted to take a [the] weapon described by Subsection (b)�from an�
�	[the] officer, employee, or official described by that subsection.
�	�������SECTION�3.��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 at the time 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, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 1721 was passed by the House on April
�	28, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not
�	voting.
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�	______________________________
�	Chief Clerk of the House���
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�	�������I certify that H.B. No. 1721 was passed by the Senate on May
�	21, 2009, by the following vote:��Yeas 31, Nays 0.
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�	______________________________
�	Secretary of the Senate����
�	APPROVED:��_____________________
�	�������������������Date����������
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�	����������_____________________
�	�����������������Governor�������