Texas 2021 - 87th Regular

Texas House Bill HB3934 Compare Versions

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1-87R22463 TSS-F
2- By: Slawson, Murr H.B. No. 3934
3- Substitute the following for H.B. No. 3934:
4- By: Cook C.S.H.B. No. 3934
1+By: Slawson H.B. No. 3934
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to enhancing the punishment for certain conduct
107 constituting the criminal offense of aggravated assault.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. This Act may be cited as the Todd-Hogland Act.
13- SECTION 2. Section 22.02(b), Penal Code, is amended to read
9+ SECTIONA1.AA(a) This Act may be cited as the Todd-Hogland
10+ Act.
11+ SECTION 1. Section 22.02(b), Penal Code, is amended to read
1412 as follows:
1513 (b) An offense under this section is a felony of the second
1614 degree, except that the offense is a felony of the first degree if:
1715 (1) the actor uses a deadly weapon during the
18- commission of the assault and causes:
19- (A) serious bodily injury to a person whose
20- relationship to or association with the defendant is described by
21- Section 71.0021(b), 71.003, or 71.005, Family Code; or
22- (B) a traumatic brain or spine injury to another
23- that results in a persistent vegetative state or irreversible
24- paralysis;
16+ commission of the assault and causes serious bodily injury to
17+ another, including the person's spouse [a person whose relationship
18+ to or association with the defendant is described by Section
19+ 71.0021(b), 71.003, or 71.005, Family Code];
2520 (2) regardless of whether the offense is committed
2621 under Subsection (a)(1) or (a)(2), the offense is committed:
2722 (A) by a public servant acting under color of the
2823 servant's office or employment;
2924 (B) against a person the actor knows is a public
3025 servant while the public servant is lawfully discharging an
3126 official duty, or in retaliation or on account of an exercise of
3227 official power or performance of an official duty as a public
3328 servant;
3429 (C) in retaliation against or on account of the
3530 service of another as a witness, prospective witness, informant, or
3631 person who has reported the occurrence of a crime; or
3732 (D) against a person the actor knows is a
3833 security officer while the officer is performing a duty as a
3934 security officer; or
4035 (3) the actor is in a motor vehicle, as defined by
4136 Section 501.002, Transportation Code, and:
4237 (A) knowingly discharges a firearm at or in the
4338 direction of a habitation, building, or vehicle;
4439 (B) is reckless as to whether the habitation,
4540 building, or vehicle is occupied; and
4641 (C) in discharging the firearm, causes serious
4742 bodily injury to any person.
48- SECTION 3. The change in law made by this Act applies only
43+ SECTION 2. The change in law made by this Act applies only
4944 to an offense committed on or after the effective date of this Act.
5045 An offense committed before the effective date of this Act is
5146 governed by the law in effect on the date the offense was committed,
5247 and the former law is continued in effect for that purpose. For
5348 purposes of this section, an offense was committed before the
5449 effective date of this Act if any element of the offense occurred
5550 before that date.
56- SECTION 4. This Act takes effect September 1, 2021.
51+ SECTION 3. This Act takes effect September 1, 2021.