Texas 2009 - 81st Regular

Texas Senate Bill SB1324 Compare Versions

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1	1	By: Nelson, Carona S.B. No. 1324
2	2	(In the Senate - Filed March 4, 2009; March 17, 2009, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 29, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 29, 2009,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1324 By: Whitmire
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to enhancing penalties for assaulting a family member by
13	13	strangulation or suffocation.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 22.01, Penal Code, is amended by
16	16	amending Subsections (b) and (f) and adding Subsections (b-1) and
17	17	(g) to read as follows:
18	18	(b) An offense under Subsection (a)(1) is a Class A
19	19	misdemeanor, except that the offense is a felony of the third degree
20	20	if the offense is committed against:
21	21	(1) a person the actor knows is a public servant while
22	22	the public servant is lawfully discharging an official duty, or in
23	23	retaliation or on account of an exercise of official power or
24	24	performance of an official duty as a public servant;
25	25	(2) a person whose relationship to or association with
26	26	the defendant is described by Section 71.0021(b), 71.003, or
27	27	71.005, Family Code, if:
28	28	(A) it is shown on the trial of the offense that
29	29	the defendant has been previously convicted of an offense under
30	30	this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
31	31	a person whose relationship to or association with the defendant is
32	32	described by Section 71.0021(b), 71.003, or 71.005, Family Code; or
33	33	(B) the offense is committed by intentionally,
34	34	knowingly, or recklessly impeding the normal breathing or
35	35	circulation of the blood of the person by applying pressure to the
36	36	person's throat or neck or by blocking the person's nose or mouth;
37	37	(3) a person who contracts with government to perform
38	38	a service in a facility as defined by Section 1.07(a)(14), Penal
39	39	Code, or Section 51.02(13) or (14), Family Code, or an employee of
40	40	that person:
41	41	(A) while the person or employee is engaged in
42	42	performing a service within the scope of the contract, if the actor
43	43	knows the person or employee is authorized by government to provide
44	44	the service; or
45	45	(B) in retaliation for or on account of the
46	46	person's or employee's performance of a service within the scope of
47	47	the contract;
48	48	(4) a person the actor knows is a security officer
49	49	while the officer is performing a duty as a security officer; or
50	50	(5) a person the actor knows is emergency services
51	51	personnel while the person is providing emergency services.
52	52	(b-1) Notwithstanding Subsection (b)(2), an offense under
53	53	Subsection (a)(1) is a felony of the second degree if:
54	54	(1) the offense is committed against a person whose
55	55	relationship to or association with the defendant is described by
56	56	Section 71.0021(b), 71.003, or 71.005, Family Code;
57	57	(2) it is shown on the trial of the offense that the
58	58	defendant has been previously convicted of an offense under this
59	59	chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
60	60	person whose relationship to or association with the defendant is
61	61	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
62	62	and
63	63	(3) the offense is committed by intentionally,
64	64	knowingly, or recklessly impeding the normal breathing or
65	65	circulation of the blood of the person by applying pressure to the
66	66	person's throat or neck or by blocking the person's nose or mouth.
67	67	(f) For the purposes of Subsections (b)(2)(A) and (b-1)(2)
68	68	[Subsection (b)(2)]:
69	69	(1) a defendant has been previously convicted of an
70	70	offense listed in those subsections [Subsection (b)(2)] committed
71	71	against a person whose relationship to or association with the
72	72	defendant is described by Section 71.0021(b), 71.003, or 71.005,
73	73	Family Code, if the defendant was adjudged guilty of the offense or
74	74	entered a plea of guilty or nolo contendere in return for a grant of
75	75	deferred adjudication, regardless of whether the sentence for the
76	76	offense was ever imposed or whether the sentence was probated and
77	77	the defendant was subsequently discharged from community
78	78	supervision; and
79	79	(2) a conviction under the laws of another state for an
80	80	offense containing elements that are substantially similar to the
81	81	elements of an offense listed in those subsections [Subsection
82	82	(b)(2)] is a conviction of the [an] offense listed [in Subsection
83	83	(b)(2)].
84	84	(g) If conduct constituting an offense under this section
85	85	also constitutes an offense under another section of this code, the
86	86	actor may be prosecuted under either section or both sections.
87	87	SECTION 2. The change in law made by this Act applies only
88	88	to an offense committed on or after the effective date of this Act.
89	89	An offense committed before the effective date of this Act is
90	90	covered by the law in effect when the offense was committed, and the
91	91	former law is continued in effect for that purpose. For purposes of
92	92	this section, an offense was committed before the effective date of
93	93	this Act if any element of the offense occurred before that date.
94	94	SECTION 3. This Act takes effect September 1, 2009.
95	95	* * * * *