88R3939 MZM-D
By: Jetton H.B. No. 1135
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for assault of an
educator or health care professional.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01(b), Penal Code, is amended 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;
(6) a person the actor knows is a process server while
the person is performing a duty as a process server;
(7) a pregnant individual to force the individual to
have an abortion; [or]
(8) a person the actor knows is pregnant at the time of
the offense;
(9) a person the actor knows is an educator while the
person is performing a duty as an educator; or
(10) a person the actor knows is a health care
professional while the person is performing a duty as a health care
professional.
SECTION 2. Section 22.01(e), Penal Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Educator" means a person who is required to hold a
certificate issued under Subchapter B, Chapter 21, Education Code,
or who would be required to hold that certificate if the person were
employed by a school district.
(1-a) "Emergency services personnel" includes
firefighters, emergency medical services personnel as defined by
Section 773.003, Health and Safety Code, emergency
room personnel, and other individuals who, in the course and scope
of employment or as a volunteer, provide services for the benefit of
the general public during emergency situations.
(1-b) "Health care professional" has the meaning
assigned by Section 247.067, Health and Safety Code.
SECTION 3. 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.
SECTION 4. This Act takes effect September 1, 2023.