Does 22.11 apply to conduct in a patrol unit? Defendant had been arrested for disorderly and while in the deputies unit he proceeded to expectorate all over the interior of the vehicle.

"'Secure correctional facility' [as used in the Penal Code, including 22.11] means: (A) a municipal county jail; or (B) a confinement facility operated under a contract with any division of the Texas Deparmtent of Criminal Justice." Tex. Penal Code Ann. 1.07(a)(45) (Vernon 2003).

Rolling black and whites don't seem to fit that definition.

But evidence of "chunking" always plays well with a jury during punishment. And if punishment goes to a judge, I've seen judges get creative with the "reasonable conditions" of probation when arrestees make messes in cop cars.

My problem is coming from 22.11(b), it doesn't mention a secure facility, only the public servant.

The answer is yes since the atatute was amended to include section (a)(2)and the title was amended to apply to harassmaent of a public servant anywhere it takes place.

Is the recipient of the expectorate the vehicle or the officers? If it's the latter, I agree that 22.11 could apply. But the facts (as originally described) made the situation sound like only the vehicle got hit, which is why I question whether 22.11 is a proper fit.