Texas 2009 - 81st Regular

Texas House Bill HB176 Compare Versions

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Old	New	Differences
1	1	H.B. No. 176
2	2
3	3
4	4	AN ACT
5	5	relating to the punishment for the offense of aggravated assault.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. This Act shall be known as the Janie Lynn Delapaz
8	8	Act.
9	9	SECTION 2. Section 22.02(b), Penal Code, is amended to read
10	10	as follows:
11	11	(b) An offense under this section is a felony of the second
12	12	degree, except that the offense is a felony of the first degree if:
13	13	(1) the actor uses a deadly weapon during the
14	14	commission of the assault and causes serious bodily injury to a
15	15	person whose relationship to or association with the defendant is
16	16	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
17	17	[or]
18	18	(2) regardless of whether the offense is committed
19	19	under Subsection (a)(1) or (a)(2), the offense is committed:
20	20	(A) by a public servant acting under color of the
21	21	servant's office or employment;
22	22	(B) against a person the actor knows is a public
23	23	servant while the public servant is lawfully discharging an
24	24	official duty, or in retaliation or on account of an exercise of
25	25	official power or performance of an official duty as a public
26	26	servant;
27	27	(C) in retaliation against or on account of the
28	28	service of another as a witness, prospective witness, informant, or
29	29	person who has reported the occurrence of a crime; or
30	30	(D) against a person the actor knows is a
31	31	security officer while the officer is performing a duty as a
32	32	security officer; or
33	33	(3) the actor is in a motor vehicle, as defined by
34	34	Section 501.002, Transportation Code, and:
35	35	(A) knowingly discharges a firearm at or in the
36	36	direction of a habitation, building, or vehicle;
37	37	(B) is reckless as to whether the habitation,
38	38	building, or vehicle is occupied; and
39	39	(C) in discharging the firearm, causes serious
40	40	bodily injury to any person.
41	41	SECTION 3. The change in law made by this Act applies only
42	42	to an offense committed on or after the effective date of this Act.
43	43	An offense committed before the effective date of this Act is
44	44	covered by the law in effect immediately before the effective date
45	45	of this Act, and the former law is continued in effect for that
46	46	purpose. For purposes of this section, an offense was committed
47	47	before the effective date of this Act if any element of the offense
48	48	was committed before that date.
49	49	SECTION 4. This Act takes effect September 1, 2009.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I certify that H.B. No. 176 was passed by the House on May 13,
53	53	2009, by the following vote: Yeas 136, Nays 0, 2 present, not
54	54	voting.
55	55	______________________________
56	56	Chief Clerk of the House
57	57	I certify that H.B. No. 176 was passed by the Senate on May
58	58	27, 2009, by the following vote: Yeas 31, Nays 0.
59	59	______________________________
60	60	Secretary of the Senate
61	61	APPROVED: _____________________
62	62	Date
63	63	_____________________
64	64	Governor