Texas 2019 - 86th Regular

Texas Senate Bill SB993 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10726 JSC-D
2	2	By: Powell S.B. No. 993
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing criminal penalties for certain family
8	8	violence offenses committed in the presence of a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.01(b-2), Penal Code, as added by
11	11	Chapter 34 (S.B. 1576), Acts of the 85th Legislature, Regular
12	12	Session, 2017, is redesignated as Section 22.01(b-3), Penal Code,
13	13	to read as follows:
14	14	(b-3) [(b-2)] Notwithstanding Subsection (b)(2), an
15	15	offense under Subsection (a)(1) is a felony of the second degree if:
16	16	(1) the offense is committed against a person whose
17	17	relationship to or association with the defendant is described by
18	18	Section 71.0021(b), 71.003, or 71.005, Family Code;
19	19	(2) it is shown on the trial of the offense that the
20	20	defendant has been previously convicted of an offense under this
21	21	chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
22	22	person whose relationship to or association with the defendant is
23	23	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
24	24	and
25	25	(3) the offense is committed by intentionally,
26	26	knowingly, or recklessly impeding the normal breathing or
27	27	circulation of the blood of the person by applying pressure to the
28	28	person's throat or neck or by blocking the person's nose or mouth.
29	29	SECTION 2. Section 22.01, Penal Code, is amended by adding
30	30	Subsections (b-4) and (b-5) and amending Subsection (f) to read as
31	31	follows:
32	32	(b-4) Notwithstanding Subsection (b) and except as provided
33	33	by Subsection (b-5), unless the conduct is punishable under
34	34	Subsection (b)(2) or (b-3), an offense under Subsection (a)(1) is a
35	35	state jail felony if:
36	36	(1) the offense is committed against a person whose
37	37	relationship to or association with the defendant is described by
38	38	Section 71.0021(b), 71.003, or 71.005, Family Code;
39	39	(2) the offense is committed in the physical presence
40	40	or within the hearing of a person who is younger than 18 years of
41	41	age; and
42	42	(3) at the time of the offense, the actor knows or has
43	43	reason to know that the person who is younger than 18 years of age is
44	44	present and may see or hear the offense.
45	45	(b-5) The enhancement provided by Subsection (b-4) does not
46	46	apply if all persons present at the time of the commission of the
47	47	offense, other than children present during that time, were
48	48	arrested in connection with that offense.
49	49	(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2)
50	50	[(b-2)(2)]:
51	51	(1) a defendant has been previously convicted of an
52	52	offense listed in those subsections committed against a person
53	53	whose relationship to or association with the defendant is
54	54	described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
55	55	the defendant was adjudged guilty of the offense or entered a plea
56	56	of guilty or nolo contendere in return for a grant of deferred
57	57	adjudication, regardless of whether the sentence for the offense
58	58	was ever imposed or whether the sentence was probated and the
59	59	defendant was subsequently discharged from community supervision;
60	60	and
61	61	(2) a conviction under the laws of another state for an
62	62	offense containing elements that are substantially similar to the
63	63	elements of an offense listed in those subsections is a conviction
64	64	of the offense listed.
65	65	SECTION 3. Section 22.02, Penal Code, is amended by
66	66	amending Subsection (b) and adding Subsection (b-1) to read as
67	67	follows:
68	68	(b) An offense under this section is a felony of the second
69	69	degree, except that the offense is a felony of the first degree if:
70	70	(1) the actor uses a deadly weapon during the
71	71	commission of the assault and causes serious bodily injury to a
72	72	person whose relationship to or association with the defendant is
73	73	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
74	74	(2) regardless of whether the offense is committed
75	75	under Subsection (a)(1) or (a)(2), the offense is committed:
76	76	(A) by a public servant acting under color of the
77	77	servant's office or employment;
78	78	(B) against a person the actor knows is a public
79	79	servant while the public servant is lawfully discharging an
80	80	official duty, or in retaliation or on account of an exercise of
81	81	official power or performance of an official duty as a public
82	82	servant;
83	83	(C) in retaliation against or on account of the
84	84	service of another as a witness, prospective witness, informant, or
85	85	person who has reported the occurrence of a crime; [or]
86	86	(D) against a person the actor knows is a
87	87	security officer while the officer is performing a duty as a
88	88	security officer; or
89	89	(E) against a person whose relationship to or
90	90	association with the defendant is described by Section 71.0021(b),
91	91	71.003, or 71.005, Family Code, and:
92	92	(i) the offense is committed in the
93	93	physical presence or within the hearing of a person who is younger
94	94	than 18 years of age; and
95	95	(ii) at the time of the offense, the actor
96	96	knows or has reason to know that the person who is younger than 18
97	97	years of age is present and may see or hear the offense; or
98	98	(3) the actor is in a motor vehicle, as defined by
99	99	Section 501.002, Transportation Code, and:
100	100	(A) knowingly discharges a firearm at or in the
101	101	direction of a habitation, building, or vehicle;
102	102	(B) is reckless as to whether the habitation,
103	103	building, or vehicle is occupied; and
104	104	(C) in discharging the firearm, causes serious
105	105	bodily injury to any person.
106	106	(b-1) The enhancement provided by Subsection (b)(2)(E) does
107	107	not apply if all persons present at the time of the commission of
108	108	the offense, other than children present during that time, were
109	109	arrested in connection with that offense.
110	110	SECTION 4. The changes in law made by this Act apply only to
111	111	an offense committed on or after the effective date of this Act. An
112	112	offense committed before the effective date of this Act is governed
113	113	by the law in effect on the date the offense was committed, and the
114	114	former law is continued in effect for that purpose. For purposes of
115	115	this section, an offense was committed before the effective date of
116	116	this Act if any element of the offense occurred before that date.
117	117	SECTION 5. To the extent of any conflict, this Act prevails
118	118	over another Act of the 86th Legislature, Regular Session, 2019,
119	119	relating to nonsubstantive additions to and corrections in enacted
120	120	codes.
121	121	SECTION 6. This Act takes effect September 1, 2019.