02-06-2025
Brazos Co. case leads to new law about peace officer attacks
Austin, Tx (FOX 44) – A 2022 Brazos County case involving two peace officers being shot has led to a new law with strong penalties for trying to kill police.
State Senator Charles Schwertner said the need for the legislation which increases the penalties for attempted capital murder of a police officer was brought to his attention by Brazos County District Attorney Jarvis Parsons. State Representative Paul Dyson of Bryan was also told about the problem, leading to the writing of what became House Bill 1871.
The bill passed by the legislature not only increases the punishment for the offense but also modifies parole.
In December 2022, a man shot a Bryan officer, stole their patrol vehicle, and later shot a Brazos County sheriff's deputy during a standoff. Fortunately, both officers survived. In 2024, that man was found guilty of aggravated assault of a public servant.
Senator Schwertner said the ultimately exposed a serious gap in our legal system. Current Texas law treats both attempted capital murder of a peace officer and aggravated assault of a public servant as first degree felonies. However, proving attempted capital murder is a more difficult task, requiring the prosecution to prove the offender's intent to kill. As a result, prosecutors could have been discouraged from pursuing attempted capital murder, and instead pursue aggravated assault, even after an attempt to take an officer's life.
House Bill 1871 addresses this issue by enhancing the punishment for attempted capital murder of a peace officer, ensuring that the law better reflects the seriousness of this crime and provides a more appropriate deterrent. The bill also includes provisions that adjust parole eligibility and restrict mandatory supervision for individuals convicted under this offense, emphasizing the state's commitment to protecting peace officers who risk their lives in the line of duty.
'HB 1871 increases the punishment for criminals who do everything in their power to murder police officers in the line of duty and attempt to take law enforcement away from their family and friends,' said Brazos District Attorney Jarvis Parsons 'It increases the punishment for Attempted Capital Murder of a Peace Officer from a minimum of probation to a minimum of 25 years in prison up to life in prison with no parole. This increased punishment sends a vital message that as Texans we will protect the people who protect us.'
'Every day, Texas peace officers put their lives on the line to protect our communities,' said Senator Charles Schwertner. 'House Bill 1871 sends a clear message: if you attempt to kill a law enforcement officer, you will face the full weight of the law.'
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