86R2395 ADM-D
By: Canales, Hunter, Zedler, Moody, Murr H.B. No. 27
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for assault or
aggravated assault of a federal law enforcement officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.01(b) and (d), Penal Code, are
amended to read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) 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;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code; or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer;
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services; [or]
(6) a pregnant individual to force the individual to
have an abortion; or
(7) a person the actor knows is a federal law
enforcement officer while the officer 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 federal law
enforcement officer.
(d) For purposes of Subsection (b), the actor is presumed to
have known the person assaulted was a public servant, a federal law
enforcement officer, a security officer, or emergency services
personnel if the person was wearing a distinctive uniform or badge
indicating the person's employment as a public servant or federal
law enforcement officer or status as a security officer or
emergency services personnel.
SECTION 2. Section 22.01(e), Penal Code, is amended by
adding Subdivision (2) to read as follows:
(2) "Federal law enforcement officer" means any
officer, agent, or employee of the United States authorized by
federal law or by an agency of the federal government to engage in
or supervise the prevention, detection, or investigation of any
violation of federal criminal law.
SECTION 3. Sections 22.02(b), (c), and (d), Penal Code, are
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
(E) against a person the actor knows is a federal
law enforcement officer while the officer 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 federal law
enforcement officer; or
(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.
(c) The actor is presumed to have known the person assaulted
was a public servant, a federal law enforcement officer, or a
security officer if the person was wearing a distinctive uniform or
badge indicating the person's employment as a public servant or
federal law enforcement officer or status as a security officer.
(d) In this section, "federal law enforcement officer" and
"security officer" have the meanings assigned by Section 22.01
[means a commissioned security officer as defined by Section
1702.002, Occupations Code, or a noncommissioned security officer
registered under Section 1702.221, Occupations Code].
SECTION 4. 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 5. This Act takes effect September 1, 2019.