HB658 - 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.

  89R12 LHC-D     By: Tepper H.B. No. 658       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 2A.052, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  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 officer or investigator   is otherwise authorized to carry, regardless of whether the officer   or investigator is engaged in the actual discharge of the officer's   or investigator's duties while carrying the weapon.           (b-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(a), Penal Code, as amended by   Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts   of the 88th Legislature, Regular Session, 2023, is reenacted and   amended to read as follows:          (a)  Sections 46.02 and 46.03 do not apply to:                (1)  peace officers or special investigators under   Article 2A.002, 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                     &#x [Text truncated for display. 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