Texas 2019 - 86th Regular

Texas House Bill HB24 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R21030 JSC-D
1	2		By: Romero, Jr., Neave, Burns, et al. H.B. No. 24
	3	+	Substitute the following for H.B. No. 24:
	4	+	By: Zedler C.S.H.B. No. 24
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to increasing criminal penalties for certain family
7	10		violence offenses committed when a child is or may be present during
8	11		the commission of the offense.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Section 22.01(b-2), Penal Code, as added by
11	14		Chapter 34 (S.B. 1576), Acts of the 85th Legislature, Regular
12	15		Session, 2017, is redesignated as Section 22.01(b-3), Penal Code,
13	16		to read as follows:
14	17		(b-3) [(b-2)] Notwithstanding Subsection (b)(2), an
15	18		offense under Subsection (a)(1) is a felony of the second degree if:
16	19		(1) the offense is committed against a person whose
17	20		relationship to or association with the defendant is described by
18	21		Section 71.0021(b), 71.003, or 71.005, Family Code;
19	22		(2) it is shown on the trial of the offense that the
20	23		defendant has been previously convicted of an offense under this
21	24		chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
22	25		person whose relationship to or association with the defendant is
23	26		described by Section 71.0021(b), 71.003, or 71.005, Family Code;
24	27		and
25	28		(3) the offense is committed by intentionally,
26	29		knowingly, or recklessly impeding the normal breathing or
27	30		circulation of the blood of the person by applying pressure to the
28	31		person's throat or neck or by blocking the person's nose or mouth.
29	32		SECTION 2. Section 22.01, Penal Code, is amended by adding
30	33		Subsection (b-4) and amending Subsection (f) to read as follows:
31	34		(b-4) Notwithstanding Subsection (b), unless the conduct is
32	35		punishable under Subsection (b)(2) or (b-3), an offense under
33	36		Subsection (a)(1) is a state jail felony if the offense is committed
34	37		against a person whose relationship to or association with the
35	38		defendant is described by Section 71.0021(b), 71.003, or 71.005,
36		-	Family Code, and the offense is committed in the physical presence
37		-	of another person who is younger than 18 years of age.
	39	+	Family Code, and:
	40	+	(1) the offense is committed in the physical presence
	41	+	of another person who is younger than 18 years of age; or
	42	+	(2) at the time of the offense, the actor has reason to
	43	+	believe that a person who is younger than 18 years of age is present
	44	+	and may see or hear the offense.
38	45		(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2)
39	46		[(b-2)(2)]:
40	47		(1) a defendant has been previously convicted of an
41	48		offense listed in those subsections committed against a person
42	49		whose relationship to or association with the defendant is
43	50		described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
44	51		the defendant was adjudged guilty of the offense or entered a plea
45	52		of guilty or nolo contendere in return for a grant of deferred
46	53		adjudication, regardless of whether the sentence for the offense
47	54		was ever imposed or whether the sentence was probated and the
48	55		defendant was subsequently discharged from community supervision;
49	56		and
50	57		(2) a conviction under the laws of another state for an
51	58		offense containing elements that are substantially similar to the
52	59		elements of an offense listed in those subsections is a conviction
53	60		of the offense listed.
54	61		SECTION 3. Section 22.02(b), Penal Code, is amended to read
55	62		as follows:
56	63		(b) An offense under this section is a felony of the second
57	64		degree, except that the offense is a felony of the first degree if:
58	65		(1) the actor uses a deadly weapon during the
59	66		commission of the assault and causes serious bodily injury to a
60	67		person whose relationship to or association with the defendant is
61	68		described by Section 71.0021(b), 71.003, or 71.005, Family Code;
62	69		(2) regardless of whether the offense is committed
63	70		under Subsection (a)(1) or (a)(2), the offense is committed:
64	71		(A) by a public servant acting under color of the
65	72		servant's office or employment;
66	73		(B) against a person the actor knows is a public
67	74		servant while the public servant is lawfully discharging an
68	75		official duty, or in retaliation or on account of an exercise of
69	76		official power or performance of an official duty as a public
70	77		servant;
71	78		(C) in retaliation against or on account of the
72	79		service of another as a witness, prospective witness, informant, or
73	80		person who has reported the occurrence of a crime; [or]
74	81		(D) against a person the actor knows is a
75	82		security officer while the officer is performing a duty as a
76	83		security officer; or
77	84		(E) against a person whose relationship to or
78	85		association with the defendant is described by Section 71.0021(b),
79		-	71.003, or 71.005, Family Code, and the offense is committed in the
	86	+	71.003, or 71.005, Family Code, and:
	87	+	(i) the offense is committed in the
80	88		physical presence of another person who is younger than 18 years of
81	89		age; or
	90	+	(ii) at the time of the offense, the actor
	91	+	has reason to believe that a person who is younger than 18 years of
	92	+	age is present and may see or hear the offense; or
82	93		(3) the actor is in a motor vehicle, as defined by
83	94		Section 501.002, Transportation Code, and:
84	95		(A) knowingly discharges a firearm at or in the
85	96		direction of a habitation, building, or vehicle;
86	97		(B) is reckless as to whether the habitation,
87	98		building, or vehicle is occupied; and
88	99		(C) in discharging the firearm, causes serious
89	100		bodily injury to any person.
90	101		SECTION 4. The changes in law made by this Act apply only to
91	102		an offense committed on or after the effective date of this Act. An
92	103		offense committed before the effective date of this Act is governed
93	104		by the law in effect on the date the offense was committed, and the
94	105		former law is continued in effect for that purpose. For purposes of
95	106		this section, an offense was committed before the effective date of
96	107		this Act if any element of the offense occurred before that date.
97	108		SECTION 5. To the extent of any conflict, this Act prevails
98	109		over another Act of the 86th Legislature, Regular Session, 2019,
99	110		relating to nonsubstantive additions to and corrections in enacted
100	111		codes.
101	112		SECTION 6. This Act takes effect September 1, 2019.