By: Wray H.B. No. 1381
A BILL TO BE ENTITLED
AN ACT
relating to enhancing the criminal penalty for an aggravated
assault causing serious bodily injury that is committed in or on
school property or on a passenger transportation vehicle of a
primary or secondary school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.02(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes serious bodily injury to 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) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against 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;
(C) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer; or
(3) for an offense committed under Subsection (a)(1),
the offense is committed:
(A) in or on any property, including a parking
lot, parking garage, or other parking area, that is owned or leased
by a public or private primary or secondary school; or
(B) on a passenger transportation vehicle that is
owned or operated by a public or private primary or secondary school
or owned or operated by another entity under contract with a public
or private primary or secondary school and is being used to
transport persons to or from the school or school-sponsored
activities; or
(4) [(3)] the actor is in a motor vehicle, as defined
by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the
direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation,
building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious
bodily injury to any person.
SECTION 2. The change in law made by this Act applies 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2019.