JD Key Consulting Logo
Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB1871

Regular Session

Relating to the punishment for the criminal offense of attempted capital murder of a peace officer; increasing a criminal penalty; changing eligibility for parole and mandatory supervision.

Government Affairs & Regulatory Compliance Analysis

HB1871: Government Affairs Overview

HB1871 immediately enhances criminal penalties and eliminates parole eligibility for the attempted capital murder of a peace officer. While primarily a criminal justice statute, this law directly impacts risk management and incident response protocols for members utilizing off-duty law enforcement for private security, retail loss prevention, or event management.

Rep. Paul Dyson·House Bill·Regular Session

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

State District Courts • Texas Board of Pardons and Paroles • Texas Department of Criminal Justice

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

HB1871
Relating to the punishment for the criminal offense of attempted capital murder of a peace officer; increasing a criminal penalty; changing eligibilit...
Low Urgency
Heavily Contested
House Vote108 - 35
YEA
NAY
76% in favor143 voting
Senate Vote27 - 4
YEA
87% in favor31 voting
39
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
State District CourtsTexas Board of Pardons and ParolesTexas Department of Criminal Jus...
Primary Author: Rep. Paul Dyson
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
  • Compliance Deadline: Immediate. Incident response protocols regarding violence against officers on your premises must reflect these new legal stakes now.
  • Agency Rulemaking: None. This is a statutory Penal Code amendment; no regulatory rulemaking is required by state agencies.

Immediate Action Plan

  • 1. Notify Security Leadership: Inform your Director of Security that attacks on off-duty police personnel are now subject to mandatory minimums and no parole.
  • 2. Audit Security Roster: Verify which security personnel are sworn Peace Officers versus private guards to understand your liability and risk profile.
  • 3. Update Legal Protocols: Prepare your General Counsel to support District Attorneys with immediate access to high-resolution footage if an officer is attacked on premises.

Operational Changes Required

Contracts

  • Vendor Distinction: Review security service agreements. Clearly distinguish between "Commissioned Security Officers" (private) and "Peace Officers" (sworn off-duty police). The enhanced penalties and "no parole" provisions apply only to offenses against sworn Peace Officers.
  • Scope of Duty: Ensure MOUs with local police departments or third-party agencies explicitly state that officers are acting in their official capacity as peace officers while contracted for site security.

Hiring/Training

  • Incident Response Teams: Train onsite managers and Loss Prevention staff that an assault on a contracted police officer is now a First-Degree Felony with mandatory prison time.
  • De-escalation: Reinforce de-escalation training. The severe consequences for offenders may lead to more desperate behavior if an arrest is attempted on your property.

Reporting & Record-Keeping

  • Evidence Preservation: No new government filings are required. However, because the charge is now "Attempted Capital Murder" with no parole, defense attorneys will litigate these cases aggressively. Your retention policies for surveillance footage and incident reports involving police altercations must be ironclad to support prosecution.

Fees & Costs

  • Direct Costs: None. There are no new filing fees or surcharges.
  • Indirect Costs: Potential for increased legal counsel hours if your business is subpoenaed as a third-party witness in these high-stakes criminal trials.

Strategic Ambiguities & Considerations

  • "Peace Officer" Status: The statute relies on the Code of Criminal Procedure Art. 2.12 definition. It is currently ambiguous whether this protection extends fully to federal agents or out-of-state officers contracted for special events in Texas. Until case law settles this, assume the enhanced penalties apply primarily to Texas-commissioned officers.
  • Prosecutorial Discretion: The line between "Aggravated Assault on a Public Servant" and "Attempted Capital Murder" is fact-specific. Prosecutors may aggressively pursue the latter to leverage the "no parole" provision. This will increase the evidentiary burden on your business to provide proof of intent (e.g., video angles showing specific actions).

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 15, 2025
Passed House
May 7, 2025
Passed Senate
May 27, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCrimesCrimes--capital PunishmentCriminal ProcedureCriminal Procedure--sentencing & PunishmentLaw Enforcement
03

House Authors

Rep. Paul DysonRepublican · Primary Author
Joint Authors
Coauthors (4)

Senate Sponsors

Sen. Charles SchwertnerRepublican · Primary Sponsor
Cosponsors (5)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Rep. Paul Dyson

View all bills by Rep. Paul Dyson

Related by Topic

View more Crimes legislation
Quick Reference

Frequently Asked Questions

Common questions about HB1871

Q

What does Texas HB1871 do?

HB1871 immediately enhances criminal penalties and eliminates parole eligibility for the attempted capital murder of a peace officer. While primarily a criminal justice statute, this law directly impacts risk management and incident response protocols for members utilizing off-duty law enforcement for private security, retail loss prevention, or event management.

Q

Who authored HB1871?

HB1871 was authored by Texas Representative Paul Dyson during the Regular Session.

Q

When was HB1871 signed into law?

HB1871 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB1871?

HB1871 is enforced by State District Courts, Texas Board of Pardons and Paroles and Texas Department of Criminal Justice.

Q

How significant are the changes in HB1871?

The regulatory priority for HB1871 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB1871?

The cost impact of HB1871 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB1871 address?

HB1871 addresses topics including crimes, crimes--capital punishment, criminal procedure, criminal procedure--sentencing & punishment and law enforcement.

Q

What are the key dates for HB1871?

Key dates for HB1871: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Q

What are the penalties under HB1871?

HB1871 establishes the following penalties: criminal penalty of First-degree felony: Imprisonment for life or 25 to 99 years; ineligible for parole or mandatory supervision for Attempted capital murder of a peace officer (Penal Code Sec. 15.01(e)). Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026