Texas 2011 - 82nd Regular

Texas Senate Bill SB295 Compare Versions

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Old	New	Differences
1	1	By: Watson S.B. No. 295
2	2	(Gallego)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the definition of emergency services personnel for
8	8	purposes of the enhanced penalty prescribed for an assault
9	9	committed against a person providing emergency services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.01, Penal Code, is amended by
12	12	amending Subsection (b) and adding Subsection (b-2) to read as
13	13	follows:
14	14	(b) An offense under Subsection (a)(1) is a Class A
15	15	misdemeanor, except that the offense is a felony of the third degree
16	16	if the offense is committed against:
17	17	(1) a person the actor knows is a public servant while
18	18	the public servant is lawfully discharging an official duty, or in
19	19	retaliation or on account of an exercise of official power or
20	20	performance of an official duty as a public servant;
21	21	(2) a person whose relationship to or association with
22	22	the defendant is described by Section 71.0021(b), 71.003, or
23	23	71.005, Family Code, if:
24	24	(A) it is shown on the trial of the offense that
25	25	the defendant has been previously convicted of an offense under
26	26	this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
27	27	against a person whose relationship to or association with the
28	28	defendant is described by Section 71.0021(b), 71.003, or 71.005,
29	29	Family Code; or
30	30	(B) the offense is committed by intentionally,
31	31	knowingly, or recklessly impeding the normal breathing or
32	32	circulation of the blood of the person by applying pressure to the
33	33	person's throat or neck or by blocking the person's nose or mouth;
34	34	(3) a person who contracts with government to perform
35	35	a service in a facility as defined by Section 1.07(a)(14), Penal
36	36	Code, or Section 51.02(13) or (14), Family Code, or an employee of
37	37	that person:
38	38	(A) while the person or employee is engaged in
39	39	performing a service within the scope of the contract, if the actor
40	40	knows the person or employee is authorized by government to provide
41	41	the service; or
42	42	(B) in retaliation for or on account of the
43	43	person's or employee's performance of a service within the scope of
44	44	the contract;
45	45	(4) a person the actor knows is a security officer
46	46	while the officer is performing a duty as a security officer; [or]
47	47	(5) a person the actor knows is emergency services
48	48	personnel while the person is providing emergency services; or
49	49	(6) a person the actor knows is emergency room
50	50	personnel while the person is providing emergency services.
51	51	(b-2) It is an exception to the application of Subsection
52	52	(b)(6) that:
53	53	(1) the actor is a patient; and
54	54	(2) the emergency room personnel has not received
55	55	training in de-escalation and crisis intervention techniques to
56	56	facilitate interaction with patients, including patients with
57	57	mental impairments, that meets minimum standards established by the
58	58	Department of State Health Services.
59	59	SECTION 2. Subsection (e), Section 22.01, Penal Code, is
60	60	amended to read as follows:
61	61	(e) In this section:
62	62	(1) "Emergency services personnel" includes
63	63	firefighters, emergency medical services personnel as defined by
64	64	Section 773.003, Health and Safety Code, and other individuals who,
65	65	in the course and scope of employment or as a volunteer, provide
66	66	services for the benefit of the general public during emergency
67	67	situations.
68	68	(2) [(3)] "Security officer" means a commissioned
69	69	security officer as defined by Section 1702.002, Occupations Code,
70	70	or a noncommissioned security officer registered under Section
71	71	1702.221, Occupations Code.
72	72	(3) [(4)] "Sports participant" means a person who
73	73	participates in any official capacity with respect to an
74	74	interscholastic, intercollegiate, or other organized amateur or
75	75	professional athletic competition and includes an athlete,
76	76	referee, umpire, linesman, coach, instructor, administrator, or
77	77	staff member.
78	78	(4) "Emergency room personnel" means a person in a
79	79	hospital emergency department who, in the course and scope of
80	80	employment or as a volunteer, provides services for the benefit of
81	81	the general public during emergency situations.
82	82	SECTION 3. This Act takes effect September 1, 2011.
83	83	COMMITTEE AMENDMENT NO. 1
84	84	Amend S.B. No. 295 (engrossed version) as follows:
85	85	(1) In SECTION 1 of the bill, in amended Section 22.01,
86	86	Penal Code (page 1, line 7), strike "Subsection (b-2)" and
87	87	substitute "Subsections (b-2) and (b-3)" .
88	88	(2) In SECTION 1 of the bill, in amended Section 22.01,
89	89	Penal Code (page 3, between line 2 and 3), insert the following:
90	90	(b-3) Notwithstanding Subsection (b)(6), an offense under
91	91	Subsection (a)(1) committed against a person described by
92	92	Subsection (b)(6) is a class A misdemeanor if, at the time of the
93	93	offense, the actor was a person with mental illness or intellectual
94	94	disabilities.
95	95	Carter