Bill Text: TX HB624 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to increasing the criminal penalty for certain offenses committed in retaliation for or on account of a person's service or status as a public servant.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB624 Detail]

Download: Texas-2021-HB624-Enrolled.html
 
 
  H.B. No. 624
 
 
 
 
AN ACT
  relating to increasing the criminal penalty for certain offenses
  committed in retaliation for or on account of a person's service or
  status as a public servant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
  by adding Section 12.501 to read as follows:
         Sec. 12.501.  PENALTY FOR CERTAIN OFFENSES COMMITTED IN
  RETALIATION FOR OR ON ACCOUNT OF PERSON'S SERVICE OR STATUS AS
  PUBLIC SERVANT. (a) In this section, "public servant" has the
  meaning assigned by Section 36.06.
         (b)  Subject to Subsection (d), the punishment for an offense
  described by Subsection (c) is increased to the punishment
  prescribed for the next higher category of offense if it is shown on
  the trial of the offense that:
               (1)  the offense:
                     (A)  was committed against a person the actor
  knows is a public servant or a member of a public servant's family
  or household; or
                     (B)  involves property that the actor knows
  belongs to, is under the control of, or is lawfully possessed by a
  public servant; and
               (2)  the offense was committed in retaliation for or on
  account of the service or status of the person as a public servant.
         (c)  The increase in punishment authorized by this section
  applies only to:
               (1)  an offense under Section 21.16, 21.18, 21.19,
  22.011, 28.02, 28.03, 30.05, 33.02, 42.07, or 42.072; or
               (2)  an offense under Section 32.51, other than an
  offense punishable under Subsection (c-1) of that section.
         (d)  If an offense described by Subsection (c) is punishable
  as a Class A misdemeanor, the minimum term of confinement for the
  offense is increased to 180 days. If an offense described by
  Subsection (c) is punishable as a felony of the first degree, the
  punishment for that offense may not be increased under this
  section.
         (e)  For purposes of this section, "member of a public
  servant's family" means a person related to the public servant
  within the second degree of consanguinity.
         SECTION 2.  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 3.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 624 was passed by the House on April
  29, 2021, by the following vote:  Yeas 130, Nays 15, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 624 was passed by the Senate on May
  24, 2021, by the following vote:  Yeas 29, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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