85R7455 KJE-F
By: Uresti H.B. No. 3192
A BILL TO BE ENTITLED
AN ACT
relating to the punishment and community supervision for certain
offenses committed against a child, an elderly individual, or a
disabled individual; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Article 42.015, Code of Criminal
Procedure, is amended to read as follows:
Art. 42.015. FINDING OF AGE OR DISABILITY OF VICTIM.
SECTION 2. Article 42.015, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) In the trial of an offense under Section 22.01(a)(1),
22.011(a)(1), 22.02, or 22.021(a)(1)(A), Penal Code, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment in the case if the judge determines that the
victim or intended victim was at the time of the offense a child, an
elderly individual, or a disabled individual, as those terms are
defined by Section 22.04, Penal Code.
SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.515 to read as follows:
Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
COMMITTED AGAINST CHILD VICTIM, ELDERLY VICTIM, OR DISABLED VICTIM.
Notwithstanding Article 42A.302, a court granting community
supervision to a defendant convicted of an offense under Section
21.11(a)(1), 22.011(a)(2), 22.021(a)(1)(B), or 22.04, Penal Code,
or an offense for which the court has made an affirmative finding
under Article 42.015(c) shall require as a condition of community
supervision that the defendant submit to 180 days confinement in a
county jail.
SECTION 4. Section 22.01, Penal Code, is amended by
amending Subsections (b), (b-1), (c), (d), and (f) and adding
Subsection (b-2) to read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a Class A misdemeanor with a
minimum term of confinement of 180 days if the offense is committed
against a child, an elderly individual, or a disabled individual.
(b-1) Notwithstanding Subsection (b), an offense under
Subsection (a)(1) is a felony of the third degree if the offense is
committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code; or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer; or
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services.
(b-2) [(b-1)] Notwithstanding Subsections (b) and (b-1)(2)
[Subsection (b)(2)], an offense under Subsection (a)(1) is a felony
of the second degree if:
(1) the offense is committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) it is shown on the trial of the offense that the
defendant has been previously convicted of an offense under this
chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
and
(3) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual[, as those terms are defined by Section 22.04]; or
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant.
(d) For purposes of Subsection (b-1) [(b)], the actor is
presumed to have known the person assaulted was a public servant, a
security officer, or emergency services personnel if the person was
wearing a distinctive uniform or badge indicating the person's
employment as a public servant or status as a security officer or
emergency services personnel.
(f) For the purposes of Subsections (b-1)(2)(A) [(b)(2)(A)]
and (b-2)(2) [(b-1)(2)]:
(1) a defendant has been previously convicted of an
offense listed in those subsections committed against a person
whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
the defendant was adjudged guilty of the offense or entered a plea
of guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision;
and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed in those subsections is a conviction
of the offense listed.
SECTION 5. Section 22.01(e), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (2) to read as
follows:
(1) "Child," "elderly individual," and "disabled
individual" have the meanings assigned by Section 22.04.
(2) "Emergency services personnel" includes
firefighters, emergency medical services personnel as defined by
Section 773.003, Health and Safety Code, emergency room personnel,
and other individuals who, in the course and scope of employment or
as a volunteer, provide services for the benefit of the general
public during emergency situations.
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 7. This Act takes effect September 1, 2017.