HB3665 - Relating to increasing the criminal penalty for the offense of assault committed against certain public servants and to the prosecution of the criminal offense of interference with public duties of those public servants.

  89R9975 MEW-F     By: Harris H.B. No. 3665       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for the offense of   assault committed against certain public servants and to the   prosecution of the criminal offense of interference with public   duties of those public servants.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 22.01(c) and (d), Penal Code, are   amended to read as follows:          (c)  An offense under Subsection (a)(2) or (3) is a Class C   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the offense is committed   under Subsection (a)(3) against an elderly individual or disabled   individual, as those terms are defined by Section 22.04;                (2)  a Class B misdemeanor if the offense is committed   by a person who is not a sports participant against a person the   actor knows is a sports participant either:                      (A)  while the participant is performing duties or   responsibilities in the participant's capacity as a sports   participant; or                      (B)  in retaliation for or on account of the   participant's performance of a duty or responsibility within the   participant's capacity as a sports participant;                 (3)     a Class B misdemeanor if the offense is committed   against a person the actor knows is:                       (A)     a peace officer, a community supervision and   corrections department officer, or a parole officer while the   officer is performing a duty or exercising authority imposed or   granted by law; or                       (B)     emergency services personnel while the   person is providing emergency services; or                 (4)  [ (3) ]  a Class A misdemeanor if the offense is   committed against a pregnant individual to force the individual to   have an abortion.          (d)  For purposes of Subsections [ Subsection ] (b) and (c) ,   the actor is presumed to have known the person assaulted was a   public servant, including a public servant described by Subsection   (c)(3)(A), a security officer, or emergency services personnel if   the person was wearing a distinctive uniform or badge indicating   the person's employment as a public servant or status as a security   officer or emergency services personnel.          SECTION 2.  Sections 38.15(a) and (d-1), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person with criminal   negligence interrupts, disrupts, impedes, or otherwise interferes   with:                (1)  a peace officer , a community supervision and   corrections department officer, or a parole officer while the   [ peace ] officer is performing a duty or exercising authority   imposed or granted by law;                (2)  a person who is employed to provide emergency   medical services including the transportation of ill or injured   persons while the person is performing that duty;                (3)  a fire fighter, while the fire fighter is fighting   a fire or investigating the cause of a fire;                (4)  an animal under the supervision of a peace   officer, corrections officer, or jailer, if the person knows the   animal is being used for law enforcement, corrections, prison or   jail security, or investigative purposes;                (5)  the transmission of a communication over a   citizen's band radio channel, the purpose of which communication is   to inform or inquire about an emergency;                (6)  an officer with responsibility for animal control   in a county or municipality, while the officer is performing a duty   or exercising authority imposed or granted under Chapter 821 or   822, Health and Safety Code; or                (7)  a person who:                      (A)  has responsibility for assessing, enacting,   or enforcing public health, environmental, radiation, or safety   measures for the state or a county or municipality;                      (B)  is investigating a particular site as part of   the person's responsibilities under Paragraph (A);                      (C)  is acting in accordance with policies and   procedures related to the safety and security of the site described   by Paragraph (B); and                      (D)  is performing a duty or exercising authority   imposed or granted under the Agriculture Code, Health and Safety   Code, Occupations Code, or Water Code.          (d-1)  Except as provided by Subsection (d-2), in a   prosecution for an offense under Subsection (a)(1), there is a   rebuttable presumption that the actor interferes with  a peace   officer , community supervision and corrections department officer,   or parole officer if it is shown on the trial of the offense that the   actor intentionally disseminated the home address, home telephone   number, emergency contact information, or social security number of   the officer or a family member of the officer or any other   information that is specifically described by Section 552.117(a),   Government Code.          SECTION 3.  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.          SECTION 4.  This Act takes effect September 1, 2025.