Texas 2017 - 85th Regular

Texas House Bill HB3192 Compare Versions

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

Old	New	Differences
1	1	85R7455 KJE-F
2	2	By: Uresti H.B. No. 3192
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment and community supervision for certain
8	8	offenses committed against a child, an elderly individual, or a
9	9	disabled individual; increasing a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Article 42.015, Code of Criminal
12	12	Procedure, is amended to read as follows:
13	13	Art. 42.015. FINDING OF AGE OR DISABILITY OF VICTIM.
14	14	SECTION 2. Article 42.015, Code of Criminal Procedure, is
15	15	amended by adding Subsection (c) to read as follows:
16	16	(c) In the trial of an offense under Section 22.01(a)(1),
17	17	22.011(a)(1), 22.02, or 22.021(a)(1)(A), Penal Code, the judge
18	18	shall make an affirmative finding of fact and enter the affirmative
19	19	finding in the judgment in the case if the judge determines that the
20	20	victim or intended victim was at the time of the offense a child, an
21	21	elderly individual, or a disabled individual, as those terms are
22	22	defined by Section 22.04, Penal Code.
23	23	SECTION 3. Subchapter K, Chapter 42A, Code of Criminal
24	24	Procedure, is amended by adding Article 42A.515 to read as follows:
25	25	Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
26	26	COMMITTED AGAINST CHILD VICTIM, ELDERLY VICTIM, OR DISABLED VICTIM.
27	27	Notwithstanding Article 42A.302, a court granting community
28	28	supervision to a defendant convicted of an offense under Section
29	29	21.11(a)(1), 22.011(a)(2), 22.021(a)(1)(B), or 22.04, Penal Code,
30	30	or an offense for which the court has made an affirmative finding
31	31	under Article 42.015(c) shall require as a condition of community
32	32	supervision that the defendant submit to 180 days confinement in a
33	33	county jail.
34	34	SECTION 4. Section 22.01, Penal Code, is amended by
35	35	amending Subsections (b), (b-1), (c), (d), and (f) and adding
36	36	Subsection (b-2) to read as follows:
37	37	(b) An offense under Subsection (a)(1) is a Class A
38	38	misdemeanor, except that the offense is a Class A misdemeanor with a
39	39	minimum term of confinement of 180 days if the offense is committed
40	40	against a child, an elderly individual, or a disabled individual.
41	41	(b-1) Notwithstanding Subsection (b), an offense under
42	42	Subsection (a)(1) is a felony of the third degree if the offense is
43	43	committed against:
44	44	(1) a person the actor knows is a public servant while
45	45	the public servant is lawfully discharging an official duty, or in
46	46	retaliation or on account of an exercise of official power or
47	47	performance of an official duty as a public servant;
48	48	(2) a person whose relationship to or association with
49	49	the defendant is described by Section 71.0021(b), 71.003, or
50	50	71.005, Family Code, if:
51	51	(A) it is shown on the trial of the offense that
52	52	the defendant has been previously convicted of an offense under
53	53	this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
54	54	against a person whose relationship to or association with the
55	55	defendant is described by Section 71.0021(b), 71.003, or 71.005,
56	56	Family Code; or
57	57	(B) the offense is committed by intentionally,
58	58	knowingly, or recklessly impeding the normal breathing or
59	59	circulation of the blood of the person by applying pressure to the
60	60	person's throat or neck or by blocking the person's nose or mouth;
61	61	(3) a person who contracts with government to perform
62	62	a service in a facility as defined by Section 1.07(a)(14), Penal
63	63	Code, or Section 51.02(13) or (14), Family Code, or an employee of
64	64	that person:
65	65	(A) while the person or employee is engaged in
66	66	performing a service within the scope of the contract, if the actor
67	67	knows the person or employee is authorized by government to provide
68	68	the service; or
69	69	(B) in retaliation for or on account of the
70	70	person's or employee's performance of a service within the scope of
71	71	the contract;
72	72	(4) a person the actor knows is a security officer
73	73	while the officer is performing a duty as a security officer; or
74	74	(5) a person the actor knows is emergency services
75	75	personnel while the person is providing emergency services.
76	76	(b-2) [(b-1)] Notwithstanding Subsections (b) and (b-1)(2)
77	77	[Subsection (b)(2)], an offense under Subsection (a)(1) is a felony
78	78	of the second degree if:
79	79	(1) the offense is committed against a person whose
80	80	relationship to or association with the defendant is described by
81	81	Section 71.0021(b), 71.003, or 71.005, Family Code;
82	82	(2) it is shown on the trial of the offense that the
83	83	defendant has been previously convicted of an offense under this
84	84	chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
85	85	person whose relationship to or association with the defendant is
86	86	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
87	87	and
88	88	(3) the offense is committed by intentionally,
89	89	knowingly, or recklessly impeding the normal breathing or
90	90	circulation of the blood of the person by applying pressure to the
91	91	person's throat or neck or by blocking the person's nose or mouth.
92	92	(c) An offense under Subsection (a)(2) or (3) is a Class C
93	93	misdemeanor, except that the offense is:
94	94	(1) a Class A misdemeanor if the offense is committed
95	95	under Subsection (a)(3) against an elderly individual or disabled
96	96	individual[, as those terms are defined by Section 22.04]; or
97	97	(2) a Class B misdemeanor if the offense is committed
98	98	by a person who is not a sports participant against a person the
99	99	actor knows is a sports participant either:
100	100	(A) while the participant is performing duties or
101	101	responsibilities in the participant's capacity as a sports
102	102	participant; or
103	103	(B) in retaliation for or on account of the
104	104	participant's performance of a duty or responsibility within the
105	105	participant's capacity as a sports participant.
106	106	(d) For purposes of Subsection (b-1) [(b)], the actor is
107	107	presumed to have known the person assaulted was a public servant, a
108	108	security officer, or emergency services personnel if the person was
109	109	wearing a distinctive uniform or badge indicating the person's
110	110	employment as a public servant or status as a security officer or
111	111	emergency services personnel.
112	112	(f) For the purposes of Subsections (b-1)(2)(A) [(b)(2)(A)]
113	113	and (b-2)(2) [(b-1)(2)]:
114	114	(1) a defendant has been previously convicted of an
115	115	offense listed in those subsections committed against a person
116	116	whose relationship to or association with the defendant is
117	117	described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
118	118	the defendant was adjudged guilty of the offense or entered a plea
119	119	of guilty or nolo contendere in return for a grant of deferred
120	120	adjudication, regardless of whether the sentence for the offense
121	121	was ever imposed or whether the sentence was probated and the
122	122	defendant was subsequently discharged from community supervision;
123	123	and
124	124	(2) a conviction under the laws of another state for an
125	125	offense containing elements that are substantially similar to the
126	126	elements of an offense listed in those subsections is a conviction
127	127	of the offense listed.
128	128	SECTION 5. Section 22.01(e), Penal Code, is amended by
129	129	amending Subdivision (1) and adding Subdivision (2) to read as
130	130	follows:
131	131	(1) "Child," "elderly individual," and "disabled
132	132	individual" have the meanings assigned by Section 22.04.
133	133	(2) "Emergency services personnel" includes
134	134	firefighters, emergency medical services personnel as defined by
135	135	Section 773.003, Health and Safety Code, emergency room personnel,
136	136	and other individuals who, in the course and scope of employment or
137	137	as a volunteer, provide services for the benefit of the general
138	138	public during emergency situations.
139	139	SECTION 6. The changes in law made by this Act apply only to
140	140	an offense committed on or after the effective date of this Act. An
141	141	offense committed before the effective date of this Act is governed
142	142	by the law in effect on the date the offense was committed, and the
143	143	former law is continued in effect for that purpose. For purposes of
144	144	this section, an offense was committed before the effective date of
145	145	this Act if any element of the offense was committed before that
146	146	date.
147	147	SECTION 7. This Act takes effect September 1, 2017.