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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of interference with |
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public duties; increasing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.15, Penal Code, is amended by |
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amending Subsections (b) and (e) and adding Subsections (f) and (g) |
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to read as follows: |
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(b) An offense under this section is a Class B misdemeanor, |
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except that an offense under Subsection (a)(1) that is based on |
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conduct described by Subsection (f)(2) is a Class A misdemeanor. |
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(e) In this section: |
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(1) "Emergency" [, "emergency"] means a condition or |
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circumstance in which an individual is or is reasonably believed by |
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the person transmitting the communication to be in imminent danger |
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of serious bodily injury or in which property is or is reasonably |
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believed by the person transmitting the communication to be in |
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imminent danger of damage or destruction. |
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(2) "News media" means: |
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(A) a radio or television station that holds a |
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license issued by the Federal Communications Commission; |
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(B) a newspaper that is qualified under Section |
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2051.044, Government Code, to publish legal notices or is a free |
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newspaper of general circulation and that is published at least |
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once a week and available and of interest to the general public in |
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connection with the dissemination of news or public affairs; or |
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(C) a magazine that appears at a regular |
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interval, that contains stories, articles, and essays by various |
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writers, and that is available and of interest to the general public |
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in connection with the dissemination of news or public affairs. |
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(f) For purposes of Subsection (a)(1), an interruption, |
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disruption, impediment, or interference that occurs while a peace |
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officer is performing a duty or exercising authority imposed or |
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granted by law includes a person: |
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(1) filming, recording, photographing, or documenting |
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the officer within 25 feet of the officer; or |
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(2) filming, recording, photographing, or documenting |
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the officer within 100 feet of the officer while carrying a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code. |
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(g) It is a defense to prosecution for an offense under |
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Subsection (a)(1) based on conduct described by Subsection (f)(2) |
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that the interruption, disruption, impediment, or interference was |
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caused by a person who, at the time of the offense, was: |
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(1) a news media employee acting in the course and |
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scope of the person's employment; or |
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(2) employed by or working with an organization or |
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entity engaged in law enforcement activities. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |