81R9414 JSC-D
By: Truitt H.B. No. 2630
A BILL TO BE ENTITLED
AN ACT
relating to enhanced penalties for assault of a health care
services provider or a mental health services provider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01(b), Penal Code, is amended to read
as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
a person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer; [or]
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services;
(6) a person the actor knows is a health care services
provider while the person is providing health care services; or
(7) a person the actor knows is a mental health
services provider while the person is providing mental health
services.
SECTION 2. Section 22.01, Penal Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) For purposes of Subsection (b), the actor is presumed
to have known the person assaulted was a health care services
provider or a mental health services provider if the person was
wearing a conspicuous badge or name tag or distinctive clothing
that would identify the person as a health care services provider or
a mental health services provider.
SECTION 3. Section 22.01(e), Penal Code, is amended by
adding Subdivision (2) to read as follows:
(2) "Health care services provider" and "mental health
services provider" have the meanings assigned by Section 22.011.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 5. This Act takes effect September 1, 2009.