Texas 2017 - 85th Regular

Texas House Bill HB3539 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R1490 KJE-D
1	2		By: Landgraf H.B. No. 3539
2		-	Substitute the following for H.B. No. 3539:
3		-	By: Moody C.S.H.B. No. 3539
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8		-	relating to increasing the criminal penalty for assault of a
9		-	pregnant woman; increasing a criminal penalty.
	7	+	relating to increasing the penalty for assault of a pregnant woman.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 22.01(b), Penal Code, is amended to read
12	10		as follows:
13	11		(b) An offense under Subsection (a)(1) is a Class A
14	12		misdemeanor, except that the offense is a felony of the third degree
15	13		if the offense is committed against:
16	14		(1) a person the actor knows is a public servant while
17	15		the public servant is lawfully discharging an official duty, or in
18	16		retaliation or on account of an exercise of official power or
19	17		performance of an official duty as a public servant;
20	18		(2) a person whose relationship to or association with
21	19		the defendant is described by Section 71.0021(b), 71.003, or
22	20		71.005, Family Code, if:
23	21		(A) it is shown on the trial of the offense that
24	22		the defendant has been previously convicted of an offense under
25	23		this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
26	24		against a person whose relationship to or association with the
27	25		defendant is described by Section 71.0021(b), 71.003, or 71.005,
28	26		Family Code; or
29	27		(B) the offense is committed by intentionally,
30	28		knowingly, or recklessly impeding the normal breathing or
31	29		circulation of the blood of the person by applying pressure to the
32	30		person's throat or neck or by blocking the person's nose or mouth;
33	31		(3) a person who contracts with government to perform
34	32		a service in a facility as defined by Section 1.07(a)(14), Penal
35	33		Code, or Section 51.02(13) or (14), Family Code, or an employee of
36	34		that person:
37	35		(A) while the person or employee is engaged in
38	36		performing a service within the scope of the contract, if the actor
39	37		knows the person or employee is authorized by government to provide
40	38		the service; or
41	39		(B) in retaliation for or on account of the
42	40		person's or employee's performance of a service within the scope of
43	41		the contract;
44	42		(4) a person the actor knows is a security officer
45	43		while the officer is performing a duty as a security officer; [or]
46	44		(5) a person the actor knows is emergency services
47	45		personnel while the person is providing emergency services; or
48	46		(6) a person the actor knows or should have known is
49	47		pregnant at the time of the offense.
50	48		SECTION 2. The change in law made by this Act applies only
51	49		to an offense committed on or after the effective date of this Act.
52	50		An offense committed before the effective date of this Act is
53	51		governed by the law in effect on the date the offense was committed,
54	52		and the former law is continued in effect for that purpose. For
55	53		purposes of this section, an offense was committed before the
56	54		effective date of this Act if any element of the offense occurred
57	55		before that date.
58	56		SECTION 3. This Act takes effect September 1, 2017.