Texas 2009 - 81st Regular

Texas House Bill HB2066 Compare Versions

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1	1	81R9302 JSC-F
2	2	By: Gallego H.B. No. 2066
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing penalties for assaulting a family member by
8	8	strangulation or suffocation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.01, Penal Code, is amended by
11	11	amending Subsections (b) and (f) and adding Subsections (b-1) and
12	12	(g) to read as follows:
13	13	(b) An offense under Subsection (a)(1) is a Class A
14	14	misdemeanor, except that the offense is a felony of the third degree
15	15	if the offense is committed against:
16	16	(1) a person the actor knows is a public servant while
17	17	the public servant is lawfully discharging an official duty, or in
18	18	retaliation or on account of an exercise of official power or
19	19	performance of an official duty as a public servant;
20	20	(2) a person whose relationship to or association with
21	21	the defendant is described by Section 71.0021(b), 71.003, or
22	22	71.005, Family Code, if:
23	23	(A) it is shown on the trial of the offense that
24	24	the defendant has been previously convicted of an offense under
25	25	this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
26	26	a person whose relationship to or association with the defendant is
27	27	described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
28	28	(B) the offense is committed by impeding the
29	29	normal breathing or circulation of the blood of the person by
30	30	applying pressure to the person's throat or neck or by blocking the
31	31	person's nose or mouth;
32	32	(3) a person who contracts with government to perform
33	33	a service in a facility as defined by Section 1.07(a)(14), Penal
34	34	Code, or Section 51.02(13) or (14), Family Code, or an employee of
35	35	that person:
36	36	(A) while the person or employee is engaged in
37	37	performing a service within the scope of the contract, if the actor
38	38	knows the person or employee is authorized by government to provide
39	39	the service; or
40	40	(B) in retaliation for or on account of the
41	41	person's or employee's performance of a service within the scope of
42	42	the contract;
43	43	(4) a person the actor knows is a security officer
44	44	while the officer is performing a duty as a security officer; or
45	45	(5) a person the actor knows is emergency services
46	46	personnel while the person is providing emergency services.
47	47	(b-1) Notwithstanding Subsection (b)(2), an offense under
48	48	Subsection (a)(1) is a felony of the second degree if:
49	49	(1) the offense is committed against a person whose
50	50	relationship to or association with the defendant is described by
51	51	Section 71.0021(b), 71.003, or 71.005, Family Code;
52	52	(2) it is shown on the trial of the offense that the
53	53	defendant has been previously convicted of an offense under this
54	54	chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
55	55	person whose relationship to or association with the defendant is
56	56	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
57	57	and
58	58	(3) the offense is committed by impeding the normal
59	59	breathing or circulation of the blood of the person by applying
60	60	pressure to the person's throat or neck or by blocking the person's
61	61	nose or mouth.
62	62	(f) For the purposes of Subsections (b)(2)(A) and (b-1)(2)
63	63	[Subsection (b)(2)]:
64	64	(1) a defendant has been previously convicted of an
65	65	offense listed in those subsections [Subsection (b)(2)] committed
66	66	against a person whose relationship to or association with the
67	67	defendant is described by Section 71.0021(b), 71.003, or 71.005,
68	68	Family Code, if the defendant was adjudged guilty of the offense or
69	69	entered a plea of guilty or nolo contendere in return for a grant of
70	70	deferred adjudication, regardless of whether the sentence for the
71	71	offense was ever imposed or whether the sentence was probated and
72	72	the defendant was subsequently discharged from community
73	73	supervision; and
74	74	(2) a conviction under the laws of another state for an
75	75	offense containing elements that are substantially similar to the
76	76	elements of an offense listed in those subsections [Subsection
77	77	(b)(2)] is a conviction of the [an] offense listed [in Subsection
78	78	(b)(2)].
79	79	(g) If conduct constituting an offense under this section
80	80	also constitutes an offense under another section of this code, the
81	81	actor may be prosecuted under either section or both sections.
82	82	SECTION 2. The change in law made by this Act applies only
83	83	to an offense committed on or after the effective date of this Act.
84	84	An offense committed before the effective date of this Act is
85	85	covered by the law in effect when the offense was committed, and the
86	86	former law is continued in effect for that purpose. For purposes of
87	87	this section, an offense was committed before the effective date of
88	88	this Act if any element of the offense occurred before that date.
89	89	SECTION 3. This Act takes effect September 1, 2009.