86R2628 MEW-D
By: Campbell S.B. No. 371
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain assaults
committed against employees of primary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by
amending Subsections (b) and (d) and adding Subsections (d-1) and
(d-2) 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) an employee of a private or public primary or
secondary school, including an open-enrollment charter school:
(A) while the employee is engaged in performing
duties within the scope of employment; or
(B) in retaliation for or on account of the
employee's performance of a duty within the scope of employment.
(d) For purposes of Subsections (b)(1), (4), and (5)
[Subsection (b)], the actor is presumed to have known the person
assaulted was a public servant, 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
status as a security officer or emergency services personnel. For
purposes of Subsection (b)(7), the actor is presumed to have known
that the person assaulted was a school employee if the actor was a
student enrolled in, or the parent or guardian of a student enrolled
in, the school that employed the person assaulted.
(d-1) The increase in punishment provided by Subsection
(b)(7) applies regardless of whether the offense occurred:
(1) off school premises; or
(2) at a time at which school was not in session.
(d-2) The increase in punishment provided by Subsection
(b)(7) does not apply if the actor is a student enrolled in a
special education program under Subchapter A, Chapter 29, Education
Code.
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.