Texas 2019 - 86th Regular

Texas House Bill HB27 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R2395 ADM-D
2		-	By: Canales~~, Hunter, Zedler, Moody, Murr~~ H.B. No. 27
	2	+	By: Canales H.B. No. 27
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to increasing the criminal penalty for assault or
8	8		aggravated assault of a federal law enforcement officer.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Sections 22.01(b) and (d), Penal Code, are
11	11		amended to read as follows:
12	12		(b) An offense under Subsection (a)(1) is a Class A
13	13		misdemeanor, except that the offense is a felony of the third degree
14	14		if the offense is committed against:
15	15		(1) a person the actor knows is a public servant while
16	16		the public servant is lawfully discharging an official duty, or in
17	17		retaliation or on account of an exercise of official power or
18	18		performance of an official duty as a public servant;
19	19		(2) a person whose relationship to or association with
20	20		the defendant is described by Section 71.0021(b), 71.003, or
21	21		71.005, Family Code, if:
22	22		(A) it is shown on the trial of the offense that
23	23		the defendant has been previously convicted of an offense under
24	24		this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
25	25		against a person whose relationship to or association with the
26	26		defendant is described by Section 71.0021(b), 71.003, or 71.005,
27	27		Family Code; or
28	28		(B) the offense is committed by intentionally,
29	29		knowingly, or recklessly impeding the normal breathing or
30	30		circulation of the blood of the person by applying pressure to the
31	31		person's throat or neck or by blocking the person's nose or mouth;
32	32		(3) a person who contracts with government to perform
33	33		a service in a facility as defined by Section 1.07(a)(14), Penal
34	34		Code, or Section 51.02(13) or (14), Family Code, or an employee of
35	35		that person:
36	36		(A) while the person or employee is engaged in
37	37		performing a service within the scope of the contract, if the actor
38	38		knows the person or employee is authorized by government to provide
39	39		the service; or
40	40		(B) in retaliation for or on account of the
41	41		person's or employee's performance of a service within the scope of
42	42		the contract;
43	43		(4) a person the actor knows is a security officer
44	44		while the officer is performing a duty as a security officer;
45	45		(5) a person the actor knows is emergency services
46	46		personnel while the person is providing emergency services; [or]
47	47		(6) a pregnant individual to force the individual to
48	48		have an abortion; or
49	49		(7) a person the actor knows is a federal law
50	50		enforcement officer while the officer is lawfully discharging an
51	51		official duty, or in retaliation or on account of an exercise of
52	52		official power or performance of an official duty as a federal law
53	53		enforcement officer.
54	54		(d) For purposes of Subsection (b), the actor is presumed to
55	55		have known the person assaulted was a public servant, a federal law
56	56		enforcement officer, a security officer, or emergency services
57	57		personnel if the person was wearing a distinctive uniform or badge
58	58		indicating the person's employment as a public servant or federal
59	59		law enforcement officer or status as a security officer or
60	60		emergency services personnel.
61	61		SECTION 2. Section 22.01(e), Penal Code, is amended by
62	62		adding Subdivision (2) to read as follows:
63	63		(2) "Federal law enforcement officer" means any
64	64		officer, agent, or employee of the United States authorized by
65	65		federal law or by an agency of the federal government to engage in
66	66		or supervise the prevention, detection, or investigation of any
67	67		violation of federal criminal law.
68	68		SECTION 3. Sections 22.02(b), (c), and (d), Penal Code, are
69	69		amended to read as follows:
70	70		(b) An offense under this section is a felony of the second
71	71		degree, except that the offense is a felony of the first degree if:
72	72		(1) the actor uses a deadly weapon during the
73	73		commission of the assault and causes serious bodily injury to a
74	74		person whose relationship to or association with the defendant is
75	75		described by Section 71.0021(b), 71.003, or 71.005, Family Code;
76	76		(2) regardless of whether the offense is committed
77	77		under Subsection (a)(1) or (a)(2), the offense is committed:
78	78		(A) by a public servant acting under color of the
79	79		servant's office or employment;
80	80		(B) against a person the actor knows is a public
81	81		servant while the public servant is lawfully discharging an
82	82		official duty, or in retaliation or on account of an exercise of
83	83		official power or performance of an official duty as a public
84	84		servant;
85	85		(C) in retaliation against or on account of the
86	86		service of another as a witness, prospective witness, informant, or
87	87		person who has reported the occurrence of a crime; [or]
88	88		(D) against a person the actor knows is a
89	89		security officer while the officer is performing a duty as a
90	90		security officer; or
91	91		(E) against a person the actor knows is a federal
92	92		law enforcement officer while the officer is lawfully discharging
93	93		an official duty, or in retaliation or on account of an exercise of
94	94		official power or performance of an official duty as a federal law
95	95		enforcement officer; or
96	96		(3) the actor is in a motor vehicle, as defined by
97	97		Section 501.002, Transportation Code, and:
98	98		(A) knowingly discharges a firearm at or in the
99	99		direction of a habitation, building, or vehicle;
100	100		(B) is reckless as to whether the habitation,
101	101		building, or vehicle is occupied; and
102	102		(C) in discharging the firearm, causes serious
103	103		bodily injury to any person.
104	104		(c) The actor is presumed to have known the person assaulted
105	105		was a public servant, a federal law enforcement officer, or a
106	106		security officer if the person was wearing a distinctive uniform or
107	107		badge indicating the person's employment as a public servant or
108	108		federal law enforcement officer or status as a security officer.
109	109		(d) In this section, "federal law enforcement officer" and
110	110		"security officer" have the meanings assigned by Section 22.01
111	111		[means a commissioned security officer as defined by Section
112	112		1702.002, Occupations Code, or a noncommissioned security officer
113	113		registered under Section 1702.221, Occupations Code].
114	114		SECTION 4. The change in law made by this Act applies only
115	115		to an offense committed on or after the effective date of this Act.
116	116		An offense committed before the effective date of this Act is
117	117		governed by the law in effect on the date the offense was committed,
118	118		and the former law is continued in effect for that purpose. For
119	119		purposes of this section, an offense was committed before the
120	120		effective date of this Act if any element of the offense occurred
121	121		before that date.
122	122		SECTION 5. This Act takes effect September 1, 2019.