Texas 2011 - 82nd Regular

Texas House Bill HB3522 Compare Versions

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1	1	82R9188 AJZ-D
2	2	By: Bonnen H.B. No. 3522
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for aggravated assault of emergency
8	8	services personnel; imposing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 22.02(b), (c), and (d), Penal Code, are
11	11	amended to read as follows:
12	12	(b) An offense under this section is a felony of the second
13	13	degree, except that the offense is a felony of the first degree if:
14	14	(1) the actor uses a deadly weapon during the
15	15	commission of the assault and causes serious bodily injury to a
16	16	person whose relationship to or association with the defendant is
17	17	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
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	(E) against a person the actor knows is emergency
34	34	services personnel while the person is providing emergency
35	35	services; or
36	36	(3) the actor is in a motor vehicle, as defined by
37	37	Section 501.002, Transportation Code, and:
38	38	(A) knowingly discharges a firearm at or in the
39	39	direction of a habitation, building, or vehicle;
40	40	(B) is reckless as to whether the habitation,
41	41	building, or vehicle is occupied; and
42	42	(C) in discharging the firearm, causes serious
43	43	bodily injury to any person.
44	44	(c) The actor is presumed to have known the person assaulted
45	45	was a public servant, [or] a security officer, or emergency
46	46	services personnel if the person was wearing a distinctive uniform
47	47	or badge indicating the person's employment as a public servant or
48	48	status as a security officer or emergency services personnel.
49	49	(d) In this section:
50	50	(1) "Emergency services personnel" has the meaning
51	51	assigned by Section 22.01.
52	52	(2) "Security officer" [, "security officer"] means a
53	53	commissioned security officer as defined by Section 1702.002,
54	54	Occupations Code, or a noncommissioned security officer registered
55	55	under Section 1702.221, Occupations Code.
56	56	SECTION 2. The change in law made by this Act applies only
57	57	to an offense committed on or after the effective date of this Act.
58	58	An offense committed before the effective date of this Act is
59	59	governed by the law in effect when the offense was committed, and
60	60	the former law is continued in effect for that purpose. For
61	61	purposes of this section, an offense was committed before the
62	62	effective date of this Act if any element of the offense was
63	63	committed before that date.
64	64	SECTION 3. This Act takes effect September 1, 2011.