Texas 2023 - 88th Regular

Texas House Bill HB3037 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12268 MZM-F
2	2	By: Landgraf H.B. No. 3037
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the criminal penalty for assault of a health
8	8	care professional.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 22.01(b) and (d), Penal Code, are
11	11	amended to read as follows:
12	12	(b) An offense under Subsection (a)(1) is a Class A
13	13	misdemeanor, except that the offense is a felony of the third degree
14	14	if the offense is committed against:
15	15	(1) a person the actor knows is a public servant while
16	16	the public servant is lawfully discharging an official duty, or in
17	17	retaliation or on account of an exercise of official power or
18	18	performance of an official duty as a public servant;
19	19	(2) a person whose relationship to or association with
20	20	the defendant is described by Section 71.0021(b), 71.003, or
21	21	71.005, Family Code, if:
22	22	(A) it is shown on the trial of the offense that
23	23	the defendant has been previously convicted of an offense under
24	24	this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
25	25	against a person whose relationship to or association with the
26	26	defendant is described by Section 71.0021(b), 71.003, or 71.005,
27	27	Family Code; or
28	28	(B) the offense is committed by intentionally,
29	29	knowingly, or recklessly impeding the normal breathing or
30	30	circulation of the blood of the person by applying pressure to the
31	31	person's throat or neck or by blocking the person's nose or mouth;
32	32	(3) a person who contracts with government to perform
33	33	a service in a facility described [as defined] by Section
34	34	1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code,
35	35	or an employee of that person:
36	36	(A) while the person or employee is engaged in
37	37	performing a service within the scope of the contract, if the actor
38	38	knows the person or employee is authorized by government to provide
39	39	the service; or
40	40	(B) in retaliation for or on account of the
41	41	person's or employee's performance of a service within the scope of
42	42	the contract;
43	43	(4) a person the actor knows is a security officer
44	44	while the officer is performing a duty as a security officer;
45	45	(5) a person the actor knows is emergency services
46	46	personnel while the person is providing emergency services;
47	47	(6) a person the actor knows is a process server while
48	48	the person is performing a duty as a process server;
49	49	(7) a pregnant individual to force the individual to
50	50	have an abortion; [or]
51	51	(8) a person the actor knows is pregnant at the time of
52	52	the offense; or
53	53	(9) a person the actor knows is a health care
54	54	professional while the person is performing a duty as a health care
55	55	professional.
56	56	(d) For purposes of Subsection (b), the actor is presumed to
57	57	have known the person assaulted was a public servant, a security
58	58	officer, a health care professional, or emergency services
59	59	personnel if the person was wearing a distinctive uniform or badge
60	60	indicating the person's employment as a public servant or status as
61	61	a security officer, a health care professional, or emergency
62	62	services personnel.
63	63	SECTION 2. Section 22.01(e), Penal Code, is amended by
64	64	adding Subdivision (1-a) to read as follows:
65	65	(1-a) "Health care professional" has the meaning
66	66	assigned by Section 247.067, Health and Safety Code.
67	67	SECTION 3. The change in law made by this Act applies only
68	68	to an offense committed on or after the effective date of this Act.
69	69	An offense committed before the effective date of this Act is
70	70	governed by the law in effect on the date the offense was committed,
71	71	and the former law is continued in effect for that purpose.
72	72	SECTION 4. This Act takes effect September 1, 2023.