Texas 2021 - 87th Regular

Texas House Bill HB2135 Compare Versions

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

Old	New	Differences
1	1	87R8340 MEW-D
2	2	By: Ellzey H.B. No. 2135
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to enhancing the criminal penalty for aggravated assault
8	8	committed in or on school property or on a passenger transportation
9	9	vehicle of a primary or secondary school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.02(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) An offense under this section is a felony of the second
14	14	degree, except that the offense is a felony of the first degree if:
15	15	(1) the actor uses a deadly weapon during the
16	16	commission of the assault and causes serious bodily injury to a
17	17	person whose relationship to or association with the defendant is
18	18	described by Section 71.0021(b), 71.003, or 71.005, Family Code;
19	19	(2) regardless of whether the offense is committed
20	20	under Subsection (a)(1) or (a)(2), the offense is committed:
21	21	(A) by a public servant acting under color of the
22	22	servant's office or employment;
23	23	(B) against a person the actor knows is a public
24	24	servant while the public servant is lawfully discharging an
25	25	official duty, or in retaliation or on account of an exercise of
26	26	official power or performance of an official duty as a public
27	27	servant;
28	28	(C) in retaliation against or on account of the
29	29	service of another as a witness, prospective witness, informant, or
30	30	person who has reported the occurrence of a crime; [or]
31	31	(D) against a person the actor knows is a
32	32	security officer while the officer is performing a duty as a
33	33	security officer;
34	34	(E) in or on any property, including a parking
35	35	lot, parking garage, or other parking area, that is owned or leased
36	36	by a public or private primary or secondary school; or
37	37	(F) on a passenger transportation vehicle that
38	38	is:
39	39	(i) owned or operated by a public or private
40	40	primary or secondary school or owned or operated by another entity
41	41	under contract with a public or private primary or secondary
42	42	school; and
43	43	(ii) being used to transport persons to or
44	44	from the school or school-sponsored activities; or
45	45	(3) the actor is in a motor vehicle, as defined by
46	46	Section 501.002, Transportation Code, and:
47	47	(A) knowingly discharges a firearm at or in the
48	48	direction of a habitation, building, or vehicle;
49	49	(B) is reckless as to whether the habitation,
50	50	building, or vehicle is occupied; and
51	51	(C) in discharging the firearm, causes serious
52	52	bodily injury to any person.
53	53	SECTION 2. The change in law made by this Act applies only
54	54	to an offense committed on or after the effective date of this Act.
55	55	An offense committed before the effective date of this Act is
56	56	governed by the law in effect on the date the offense was committed,
57	57	and the former law is continued in effect for that purpose. For
58	58	purposes of this section, an offense was committed before the
59	59	effective date of this Act if any element of the offense occurred
60	60	before that date.
61	61	SECTION 3. This Act takes effect September 1, 2021.