Texas 2021 - 87th Regular

Texas House Bill HB1306 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1306
	1	+	By: Swanson, et al. (Senate Sponsor - Bettencourt) H.B. No. 1306
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 22, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 22, 2021, 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 or
6	12		aggravated assault of a process server.
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;
45	51		(6) a person the actor knows is a process server while
46	52		the person is performing a duty as a process server;
47	53		(7) a pregnant individual to force the individual to
48	54		have an abortion; or
49	55		(8) [(7)] a person the actor knows is pregnant at the
50	56		time of the offense.
51	57		SECTION 2. Section 22.01(e), Penal Code, is amended by
52	58		adding Subdivision (2) to read as follows:
53	59		(2) "Process server" has the meaning assigned by
54	60		Section 156.001, Government Code.
55	61		SECTION 3. Sections 22.02(b) and (d), Penal Code, are
56	62		amended to read as follows:
57	63		(b) An offense under this section is a felony of the second
58	64		degree, except that the offense is a felony of the first degree if:
59	65		(1) the actor uses a deadly weapon during the
60	66		commission of the assault and causes serious bodily injury to a
61	67		person whose relationship to or association with the defendant is
62	68		described by Section 71.0021(b), 71.003, or 71.005, Family Code;
63	69		(2) regardless of whether the offense is committed
64	70		under Subsection (a)(1) or (a)(2), the offense is committed:
65	71		(A) by a public servant acting under color of the
66	72		servant's office or employment;
67	73		(B) against a person the actor knows is a public
68	74		servant while the public servant is lawfully discharging an
69	75		official duty, or in retaliation or on account of an exercise of
70	76		official power or performance of an official duty as a public
71	77		servant;
72	78		(C) in retaliation against or on account of the
73	79		service of another as a witness, prospective witness, informant, or
74	80		person who has reported the occurrence of a crime; [or]
75	81		(D) against a person the actor knows is a process
76	82		server while the person is performing a duty as a process server; or
77	83		(E) against a person the actor knows is a
78	84		security officer while the officer is performing a duty as a
79	85		security officer; or
80	86		(3) the actor is in a motor vehicle, as defined by
81	87		Section 501.002, Transportation Code, and:
82	88		(A) knowingly discharges a firearm at or in the
83	89		direction of a habitation, building, or vehicle;
84	90		(B) is reckless as to whether the habitation,
85	91		building, or vehicle is occupied; and
86	92		(C) in discharging the firearm, causes serious
87	93		bodily injury to any person.
88	94		(d) In this section:
89	95		(1) "Process server" has the meaning assigned by
90	96		Section 156.001, Government Code.
91	97		(2) "Security [, "security] officer" means a
92	98		commissioned security officer as defined by Section 1702.002,
93	99		Occupations Code, or a noncommissioned security officer registered
94	100		under Section 1702.221, Occupations Code.
95	101		SECTION 4. The change in law made by this Act applies only
96	102		to an offense committed on or after the effective date of this Act.
97	103		An offense committed before the effective date of this Act is
98	104		governed by the law in effect on the date the offense was committed,
99	105		and the former law is continued in effect for that purpose. For
100	106		purposes of this section, an offense was committed before the
101	107		effective date of this Act if any element of the offense was
102	108		committed before that date.
103	109		SECTION 5. This Act takes effect September 1, 2021.
104		-	______________________________ ______________________________
105		-	President of the Senate Speaker of the House
106		-	I certify that H.B. No. 1306 was passed by the House on May
107		-	14, 2021, by the following vote: Yeas 126, Nays 18, 2 present, not
108		-	voting.
109		-	______________________________
110		-	Chief Clerk of the House
111		-	I certify that H.B. No. 1306 was passed by the Senate on May
112		-	25, 2021, by the following vote: Yeas 30, Nays 1.
113		-	______________________________
114		-	Secretary of the Senate
115		-	APPROVED: _____________________
116		-	Date
117		-	_____________________
118		-	Governor
	110	+	* * * * *