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Assault against a security
officer
By Jeff Moore
ASSIST State Board Treasurer It has been my pleasure to be the chairperson of the Assault
Against a Security Officer Committee for ASSIST. I came up with the idea for such a committee when one of my own security officers had been assaulted. I was having trouble getting the police to file the correct charges as well as getting the DA�s office to open the books and see that there was a new law passed in September 2003.
This new law made assaulting a security officer a 3rd degree felony if they were assaulted while in uniform, on duty and caused bodily injury. I remember feeling helpless and as if I had nowhere else to turn. I knew that had to be a better way to handle this situation. That was when the idea came up to create a committee of some sort to help other security companies experiencing the same thing. This committee would find and establish the step-by-step methods necessary to get the correct charges filed each time. After making a phone call to then ASSIST President, Dave Scepanski and running the idea by him, the Assault Against a Security Officer Committee was formed. We are now gladly helping security companies across the state of Texas with any and all questions regarding their officers being assaulted. I am pleased to say that my first logical choice for a partner on this committee was Carlos Peniche, Attorney at Law, who was more than eager to accept the position to help our fellow officers in need.
The Assault Against A Security Officer Law, Texas Penal Code 22.01b (1) (3), was passed in 2003 and made it a 3rd degree felony to assault a security officer while in uniform, on duty and causing bodily injury. Prior to this, it would have been a �Class A Misdemeanor.�
This new law made assaulting a security officer the same as assault against a peace officer while on duty. Looking at the two professions, this law only makes sense. A security officer�s life and safety is worth the same as a police officer�s, no more or no less. Before this new law was passed, security officers were basically unprotected under the law. It was as if no one cared for his or her safety. Those days are over. We all owe our �Champions of Security� and lifetime members of ASSIST, Senator Mike Jackson and State Representative Pat Haggerty a very big thank you for being instrumental in getting this law as well as others passed.
Today there is still some minor confusion over this new law: most of it on our part. Many of the calls I get are from security officers or company owners questioning why the third degree felony did not get charged when their security officer got shoved or pushed. We need to understand that there must be some sort of bodily injury for the 3rd degree felony to be charged. Examples of bodily injury including red marks around the neck, bruises, lacerations, open wounds and/or broken bones would all constitute that the third degree charges be filed.
However; for the most part, more and more officers and company owners are telling me that the proper charges are being filed today and that is a great improvement from where we were a few years ago. This does not mean that we still won�t have the occasional police officer that refuses to file the proper charges. Sometimes we do have to go up the ladder to make this happen. Also, let�s not forget that the DA�s office has to accept these charges as well. We must always be willing to fight for our officer�s rights when the time comes and that is when you should call us.
It is up to every company owner, manager and supervisor to make sure that if one of your security officers is assaulted, you do everything in your power to make sure that your officer�s rights are protected and that the criminal gets what is coming to them.
It has been my pleasure to serve on this committee and I look forward to continuing my service to all of our ASSIST members as well as our non-members. If you need to contact the �Assault
Against a Security Officer Committee�, e-mail me at [email protected] or call me at (281) 332-1622. Be careful and stay safe.
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