HBA-EDN H.B. 1600 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1600
By: Jones, Elizabeth
Criminal Jurisprudence
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

On February 3, 2001, John Anthony "Rocky" Riojas, an eleven year veteran of
the San Antonio Police Department, was fatally shot with his own gun while
scuffling with a man at an apartment complex.  Prior to the 77th
Legislature, the penalty for an offense of taking or attempting to take a
weapon away from a peace officer, parole officer, or community supervision
and corrections department officer was a state jail felony.  House Bill
1600, filed in honor of John Anthony "Rocky" Riojas, increases the penalty
for taking a weapon away from such an officer to a felony of the third
degree.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1600 amends the Penal Code to increase from a state jail felony
to a third degree felony, the penalty for intentionally or knowingly taking
a weapon from a peace officer, parole officer, or community supervision and
corrections department officer with the intention of harming the officer or
a third person.  

EFFECTIVE DATE

September 1, 2001.