By: AnchÃa, Sherman, Sr., Jones of Dallas, H.B. No. 3548
Lalani, Cook, et al.
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for assault of certain
hospital personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Jacqueline "Jackie"
Pokuaa and Katie "Annette" Flowers Act.
SECTION 2. 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 described [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; or
(9) a person the actor knows is hospital personnel
while the person is performing a service in the hospital.
SECTION 3. Section 22.01(e), Penal Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Hospital personnel" includes nurses,
physicians, physician assistants, maintenance or janitorial staff,
receptionists, and other individuals who are employed by or work in
a facility that is licensed as a general hospital or special
hospital, as those terms are defined by Section 241.003, Health and
Safety Code, including a hospital maintained or operated by the
state.
SECTION 4. 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. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2023.