BILL ANALYSIS H.B. 3522 By: Bonnen Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Observers note that although the penalty for assault is enhanced if the assault is committed against emergency services personnel, no such penalty enhancement exists for aggravated assault committed against these individuals. It is noted that a person commits a second degree felony in committing assault and causing bodily injury under certain provisions relating to aggravated assault and that such an offense is a first degree felony if it is committed against certain individuals, including public servants, under certain circumstances. H.B. 3522 seeks to expand the punishment for aggravated assault of emergency services personnel. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 3522 amends the Penal Code to expand the conditions that constitute a first degree felony aggravated assault offense to include committing the offense against a person the actor knows is emergency services personnel while the person is providing emergency services. The bill specifies the actor is presumed to have known the person assaulted was emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's status as emergency services personnel. The bill provides for the meaning of "emergency services personnel" by reference and makes a nonsubstantive change. EFFECTIVE DATE September 1, 2011.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3522
By: Bonnen
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 3522
By: Bonnen
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Observers note that although the penalty for assault is enhanced if the assault is committed against emergency services personnel, no such penalty enhancement exists for aggravated assault committed against these individuals. It is noted that a person commits a second degree felony in committing assault and causing bodily injury under certain provisions relating to aggravated assault and that such an offense is a first degree felony if it is committed against certain individuals, including public servants, under certain circumstances. H.B. 3522 seeks to expand the punishment for aggravated assault of emergency services personnel.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 3522 amends the Penal Code to expand the conditions that constitute a first degree felony aggravated assault offense to include committing the offense against a person the actor knows is emergency services personnel while the person is providing emergency services. The bill specifies the actor is presumed to have known the person assaulted was emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's status as emergency services personnel. The bill provides for the meaning of "emergency services personnel" by reference and makes a nonsubstantive change.
EFFECTIVE DATE September 1, 2011.
BACKGROUND AND PURPOSE
Observers note that although the penalty for assault is enhanced if the assault is committed against emergency services personnel, no such penalty enhancement exists for aggravated assault committed against these individuals. It is noted that a person commits a second degree felony in committing assault and causing bodily injury under certain provisions relating to aggravated assault and that such an offense is a first degree felony if it is committed against certain individuals, including public servants, under certain circumstances.
H.B. 3522 seeks to expand the punishment for aggravated assault of emergency services personnel.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3522 amends the Penal Code to expand the conditions that constitute a first degree felony aggravated assault offense to include committing the offense against a person the actor knows is emergency services personnel while the person is providing emergency services. The bill specifies the actor is presumed to have known the person assaulted was emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's status as emergency services personnel. The bill provides for the meaning of "emergency services personnel" by reference and makes a nonsubstantive change.
EFFECTIVE DATE
September 1, 2011.