Texas 2023 - 88th Regular

Texas House Bill HB1589 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1589
2	2
3	3
4	4	AN ACT
5	5	relating to increasing the criminal penalty for certain family
6	6	violence assaults.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 22.01(b) and (b-3), Penal Code, are
9	9	amended to read as follows:
10	10	(b) An offense under Subsection (a)(1) is a Class A
11	11	misdemeanor, except that the offense is a felony of the third degree
12	12	if the offense is committed against:
13	13	(1) a person the actor knows is a public servant while
14	14	the public servant is lawfully discharging an official duty, or in
15	15	retaliation or on account of an exercise of official power or
16	16	performance of an official duty as a public servant;
17	17	(2) a person whose relationship to or association with
18	18	the defendant is described by Section 71.0021(b), 71.003, or
19	19	71.005, Family Code, if:
20	20	(A) it is shown on the trial of the offense that
21	21	the defendant has been previously convicted of an offense that was
22	22	committed:
23	23	(i) [under this chapter, Chapter 19, or
24	24	Section 20.03, 20.04, 21.11, or 25.11] against a person whose
25	25	relationship to or association with the defendant is described by
26	26	Section 71.0021(b), 71.003, or 71.005, Family Code; and
27	27	(ii) under:
28	28	(a) this chapter, Chapter 19, or
29	29	Section 20.03, 20.04, 21.11, or 25.11;
30	30	(b) Section 25.07, if the applicable
31	31	violation was based on the commission of family violence as
32	32	described by Subsection (a)(1) of that section; or
33	33	(c) Section 25.072, if any of the
34	34	applicable violations were based on the commission of family
35	35	violence as described by Section 25.07(a)(1); or
36	36	(B) the offense is committed by intentionally,
37	37	knowingly, or recklessly impeding the normal breathing or
38	38	circulation of the blood of the person by applying pressure to the
39	39	person's throat or neck or by blocking the person's nose or mouth;
40	40	(3) a person who contracts with government to perform
41	41	a service in a facility as defined by Section 1.07(a)(14), Penal
42	42	Code, or Section 51.02(13) or (14), Family Code, or an employee of
43	43	that person:
44	44	(A) while the person or employee is engaged in
45	45	performing a service within the scope of the contract, if the actor
46	46	knows the person or employee is authorized by government to provide
47	47	the service; or
48	48	(B) in retaliation for or on account of the
49	49	person's or employee's performance of a service within the scope of
50	50	the contract;
51	51	(4) a person the actor knows is a security officer
52	52	while the officer is performing a duty as a security officer;
53	53	(5) a person the actor knows is emergency services
54	54	personnel while the person is providing emergency services;
55	55	(6) a person the actor knows is a process server while
56	56	the person is performing a duty as a process server;
57	57	(7) a pregnant individual to force the individual to
58	58	have an abortion; or
59	59	(8) a person the actor knows is pregnant at the time of
60	60	the offense.
61	61	(b-3) Notwithstanding Subsection (b)(2), an offense under
62	62	Subsection (a)(1) is a felony of the second degree if:
63	63	(1) the offense is committed against a person whose
64	64	relationship to or association with the defendant is described by
65	65	Section 71.0021(b), 71.003, or 71.005, Family Code;
66	66	(2) it is shown on the trial of the offense that the
67	67	defendant has been previously convicted of an offense that was
68	68	committed:
69	69	(A) [under this chapter, Chapter 19, or Section
70	70	20.03, 20.04, or 21.11] against a person whose relationship to or
71	71	association with the defendant is described by Section 71.0021(b),
72	72	71.003, or 71.005, Family Code; and
73	73	(B) under:
74	74	(i) this chapter, Chapter 19, or Section
75	75	20.03, 20.04, 21.11, or 25.11;
76	76	(ii) Section 25.07, if the applicable
77	77	violation was based on the commission of family violence as
78	78	described by Subsection (a)(1) of that section; or
79	79	(iii) Section 25.072, if any of the
80	80	applicable violations were based on the commission of family
81	81	violence as described by Section 25.07(a)(1); and
82	82	(3) the offense is committed by intentionally,
83	83	knowingly, or recklessly impeding the normal breathing or
84	84	circulation of the blood of the person by applying pressure to the
85	85	person's throat or neck or by blocking the person's nose or mouth.
86	86	SECTION 2. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	governed by the law in effect on the date the offense was committed,
90	90	and the former law is continued in effect for that purpose. For
91	91	purposes of this section, an offense was committed before the
92	92	effective date of this Act if any element of the offense occurred
93	93	before that date.
94	94	SECTION 3. This Act takes effect September 1, 2023.
95	95	______________________________ ______________________________
96	96	President of the Senate Speaker of the House
97	97	I certify that H.B. No. 1589 was passed by the House on April
98	98	19, 2023, by the following vote: Yeas 144, Nays 1, 1 present, not
99	99	voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	I certify that H.B. No. 1589 was passed by the Senate on May
103	103	24, 2023, by the following vote: Yeas 30, Nays 1.
104	104	______________________________
105	105	Secretary of the Senate
106	106	APPROVED: _____________________
107	107	Date
108	108	_____________________
109	109	Governor