| 1 | 1 | | H.B. No. 28 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to enhancing the punishment for certain conduct |
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| 6 | 6 | | constituting the criminal offense of aggravated assault. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. This Act may be cited as the Todd-Hogland Act. |
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| 9 | 9 | | SECTION 2. Section 22.02(b), Penal Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | (b) An offense under this section is a felony of the second |
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| 12 | 12 | | degree, except that the offense is a felony of the first degree if: |
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| 13 | 13 | | (1) the actor uses a deadly weapon during the |
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| 14 | 14 | | commission of the assault and causes: |
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| 15 | 15 | | (A) serious bodily injury to a person whose |
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| 16 | 16 | | relationship to or association with the defendant is described by |
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| 17 | 17 | | Section 71.0021(b), 71.003, or 71.005, Family Code; or |
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| 18 | 18 | | (B) a traumatic brain or spine injury to another |
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| 19 | 19 | | that results in a persistent vegetative state or irreversible |
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| 20 | 20 | | paralysis; |
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| 21 | 21 | | (2) regardless of whether the offense is committed |
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| 22 | 22 | | under Subsection (a)(1) or (a)(2), the offense is committed: |
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| 23 | 23 | | (A) by a public servant acting under color of the |
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| 24 | 24 | | servant's office or employment; |
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| 25 | 25 | | (B) against a person the actor knows is a public |
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| 26 | 26 | | servant while the public servant is lawfully discharging an |
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| 27 | 27 | | official duty, or in retaliation or on account of an exercise of |
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| 28 | 28 | | official power or performance of an official duty as a public |
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| 29 | 29 | | servant; |
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| 30 | 30 | | (C) in retaliation against or on account of the |
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| 31 | 31 | | service of another as a witness, prospective witness, informant, or |
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| 32 | 32 | | person who has reported the occurrence of a crime; |
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| 33 | 33 | | (D) against a person the actor knows is a process |
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| 34 | 34 | | server while the person is performing a duty as a process server; or |
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| 35 | 35 | | (E) against a person the actor knows is a |
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| 36 | 36 | | security officer while the officer is performing a duty as a |
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| 37 | 37 | | security officer; or |
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| 38 | 38 | | (3) the actor is in a motor vehicle, as defined by |
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| 39 | 39 | | Section 501.002, Transportation Code, and: |
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| 40 | 40 | | (A) knowingly discharges a firearm at or in the |
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| 41 | 41 | | direction of a habitation, building, or vehicle; |
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| 42 | 42 | | (B) is reckless as to whether the habitation, |
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| 43 | 43 | | building, or vehicle is occupied; and |
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| 44 | 44 | | (C) in discharging the firearm, causes serious |
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| 45 | 45 | | bodily injury to any person. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For |
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| 51 | 51 | | purposes of this section, an offense was committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense occurred |
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| 53 | 53 | | before that date. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 55 | 55 | | ______________________________ ______________________________ |
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| 56 | 56 | | President of the Senate Speaker of the House |
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| 57 | 57 | | I certify that H.B. No. 28 was passed by the House on March |
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| 58 | 58 | | 30, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not |
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| 59 | 59 | | voting. |
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| 60 | 60 | | ______________________________ |
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| 61 | 61 | | Chief Clerk of the House |
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| 62 | 62 | | I certify that H.B. No. 28 was passed by the Senate on May 15, |
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| 63 | 63 | | 2023, by the following vote: Yeas 31, Nays 0. |
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| 64 | 64 | | ______________________________ |
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| 65 | 65 | | Secretary of the Senate |
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| 66 | 66 | | APPROVED: _____________________ |
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| 67 | 67 | | Date |
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| 68 | 68 | | _____________________ |
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| 69 | 69 | | Governor |
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