Texas 2019 - 86th Regular

Texas House Bill HB902 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 902
	1	+	By: Landgraf, et al. (Senate Sponsor - Huffman) H.B. No. 902
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 15, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to increasing the criminal penalty for assault of a
6	12		pregnant woman.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 22.01(b), Penal Code, is amended to read
9	15		as follows:
10	16		(b) An offense under Subsection (a)(1) is a Class A
11	17		misdemeanor, except that the offense is a felony of the third degree
12	18		if the offense is committed against:
13	19		(1) a person the actor knows is a public servant while
14	20		the public servant is lawfully discharging an official duty, or in
15	21		retaliation or on account of an exercise of official power or
16	22		performance of an official duty as a public servant;
17	23		(2) a person whose relationship to or association with
18	24		the defendant is described by Section 71.0021(b), 71.003, or
19	25		71.005, Family Code, if:
20	26		(A) it is shown on the trial of the offense that
21	27		the defendant has been previously convicted of an offense under
22	28		this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
23	29		against a person whose relationship to or association with the
24	30		defendant is described by Section 71.0021(b), 71.003, or 71.005,
25	31		Family Code; or
26	32		(B) the offense is committed by intentionally,
27	33		knowingly, or recklessly impeding the normal breathing or
28	34		circulation of the blood of the person by applying pressure to the
29	35		person's throat or neck or by blocking the person's nose or mouth;
30	36		(3) a person who contracts with government to perform
31	37		a service in a facility as defined by Section 1.07(a)(14), Penal
32	38		Code, or Section 51.02(13) or (14), Family Code, or an employee of
33	39		that person:
34	40		(A) while the person or employee is engaged in
35	41		performing a service within the scope of the contract, if the actor
36	42		knows the person or employee is authorized by government to provide
37	43		the service; or
38	44		(B) in retaliation for or on account of the
39	45		person's or employee's performance of a service within the scope of
40	46		the contract;
41	47		(4) a person the actor knows is a security officer
42	48		while the officer is performing a duty as a security officer;
43	49		(5) a person the actor knows is emergency services
44	50		personnel while the person is providing emergency services; [or]
45	51		(6) a pregnant individual to force the individual to
46	52		have an abortion; or
47	53		(7) a person the actor knows is pregnant at the time of
48	54		the offense.
49	55		SECTION 2. The change in law made by this Act applies only
50	56		to an offense committed on or after the effective date of this Act.
51	57		An offense committed before the effective date of this Act is
52	58		governed by the law in effect on the date the offense was committed,
53	59		and the former law is continued in effect for that purpose. For
54	60		purposes of this section, an offense was committed before the
55	61		effective date of this Act if any element of the offense occurred
56	62		before that date.
57	63		SECTION 3. This Act takes effect September 1, 2019.
58		-	______________________________ ______________________________
59		-	President of the Senate Speaker of the House
60		-	I certify that H.B. No. 902 was passed by the House on April
61		-	17, 2019, by the following vote: Yeas 133, Nays 0, 1 present, not
62		-	voting.
63		-	______________________________
64		-	Chief Clerk of the House
65		-	I certify that H.B. No. 902 was passed by the Senate on May
66		-	21, 2019, by the following vote: Yeas 31, Nays 0.
67		-	______________________________
68		-	Secretary of the Senate
69		-	APPROVED: _____________________
70		-	Date
71		-	_____________________
72		-	Governor
	64	+	* * * * *