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AN ACT
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relating to the prosecution of the offense of possession or use of |
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law enforcement identification, insignia, or vehicles in a |
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municipality and the clarification of the offenses of false |
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identification as a peace officer and misrepresentation of |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 341.904, Local Government |
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Code, is amended to read as follows: |
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Sec. 341.904. POSSESSION OR USE OF LAW ENFORCEMENT |
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IDENTIFICATION, INSIGNIA, OR VEHICLE IN A [POPULOUS] MUNICIPALITY. |
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SECTION 2. Section 341.904(b), Local Government Code, is |
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amended to read as follows: |
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(b) A [In a municipality with a population of 1.18 million
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or more located primarily in a county with a population of 2 million
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or more, a] person commits an offense if in a municipality the |
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person intentionally or knowingly: |
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(1) uses, possesses, or wears: |
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(A) a police identification item of the municipal |
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police department; |
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(B) an item bearing the insignia or design |
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prescribed by the police chief of the municipality for officers and |
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employees of the municipal police department to use while engaged |
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in official activities; or |
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(C) within the municipal police department's |
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jurisdiction, an item that is deceptively similar to a police |
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identification item of the department; |
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(2) uses, within the municipal police department's |
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jurisdiction, the name of the department in connection with an |
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object to create the appearance that the object belongs to or is |
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used by the department; or |
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(3) uses, possesses, or operates, within the municipal |
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police department's jurisdiction, a marked patrol vehicle that is |
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deceptively similar to a department patrol vehicle. |
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SECTION 3. Section 37.12, Penal Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsections (b-1) |
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and (c-1) to read as follows: |
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(a) A person commits an offense if: |
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(1) the person makes, provides to another person, or |
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possesses a card, document, badge, insignia, shoulder emblem, or |
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other item, including a vehicle, bearing an insignia of a law |
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enforcement agency that identifies a person as a peace officer or a |
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reserve law enforcement officer; and |
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(2) the person who makes, provides, or possesses the |
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item bearing the insignia knows that the person so identified by the |
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item is not commissioned as a peace officer or reserve law |
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enforcement officer as indicated on the item. |
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(b) It is a defense to prosecution under this section that: |
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(1) the card, document, badge, insignia, shoulder |
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emblem, or other item bearing an insignia of a law enforcement |
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agency clearly identifies the person as an honorary or junior peace |
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officer or reserve law enforcement officer, or as a member of a |
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junior posse; or |
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(2) the person identified as a peace officer or |
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reserve law enforcement officer by the item bearing the insignia |
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was commissioned in that capacity when the item was made. |
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(b-1) It is an exception to the application of this section |
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that [; or
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[(3)] the item was used or intended for use |
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exclusively for decorative purposes or in an artistic or dramatic |
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presentation. |
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(c-1) For purposes of this section, an item bearing an |
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insignia of a law enforcement agency includes an item that contains |
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the word "police," "sheriff," "constable," or "trooper." |
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(d) A person commits an offense if the person intentionally |
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or knowingly misrepresents an object, including a vehicle, as |
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property belonging to a law enforcement agency. For purposes of |
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this subsection, intentionally or knowingly misrepresenting an |
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object as property belonging to a law enforcement agency includes |
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intentionally or knowingly displaying an item bearing an insignia |
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of a law enforcement agency in a manner that would lead a reasonable |
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person to interpret the item as property belonging to a law |
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enforcement agency. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 683 was passed by the House on May 2, |
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2017, by the following vote: Yeas 134, Nays 11, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 683 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |