Texas 2017 - 85th Regular

Texas House Bill HB261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2843 JSC-D
2	2	By: Howard H.B. No. 261
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhanced penalties for assault of employees of or
8	8	volunteers for certain clinics or facilities that provide abortion
9	9	or family planning 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 (d-1) 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 an employee of or
50	50	volunteer for a clinic or facility that provides abortion or family
51	51	planning services while the person is performing a duty for the
52	52	clinic or facility.
53	53	(d-1) For purposes of Subsection (b)(6), the actor is
54	54	presumed to have known the person assaulted was an employee of or
55	55	volunteer for a clinic or facility described by that subdivision if
56	56	the person was wearing a conspicuous badge or name tag or
57	57	distinctive clothing that would identify the person as an employee
58	58	or volunteer.
59	59	SECTION 2. The change in law made by this Act applies only
60	60	to an offense committed on or after the effective date of this Act.
61	61	An offense committed before the effective date of this Act is
62	62	governed by the law in effect on the date the offense was committed,
63	63	and the former law is continued in effect for that purpose. For
64	64	purposes of this section, an offense was committed before the
65	65	effective date of this Act if any element of the offense occurred
66	66	before that date.
67	67	SECTION 3. This Act takes effect September 1, 2017.