| 1 | 1 | | By: AnchÃa, Sherman, Sr., Jones of Dallas, H.B. No. 3548 |
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| 2 | 2 | | Lalani, Cook, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the criminal penalty for assault of certain |
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| 8 | 8 | | hospital personnel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act may be cited as the Jacqueline "Jackie" |
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| 11 | 11 | | Pokuaa and Katie "Annette" Flowers Act. |
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| 12 | 12 | | SECTION 2. Section 22.01(b), Penal Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) An offense under Subsection (a)(1) is a Class A |
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| 15 | 15 | | misdemeanor, except that the offense is a felony of the third degree |
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| 16 | 16 | | if the offense is committed against: |
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| 17 | 17 | | (1) a person the actor knows is a public servant while |
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| 18 | 18 | | the public servant is lawfully discharging an official duty, or in |
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| 19 | 19 | | retaliation or on account of an exercise of official power or |
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| 20 | 20 | | performance of an official duty as a public servant; |
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| 21 | 21 | | (2) a person whose relationship to or association with |
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| 22 | 22 | | the defendant is described by Section 71.0021(b), 71.003, or |
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| 23 | 23 | | 71.005, Family Code, if: |
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| 24 | 24 | | (A) it is shown on the trial of the offense that |
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| 25 | 25 | | the defendant has been previously convicted of an offense under |
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| 26 | 26 | | this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 |
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| 27 | 27 | | against a person whose relationship to or association with the |
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| 28 | 28 | | defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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| 29 | 29 | | Family Code; or |
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| 30 | 30 | | (B) the offense is committed by intentionally, |
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| 31 | 31 | | knowingly, or recklessly impeding the normal breathing or |
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| 32 | 32 | | circulation of the blood of the person by applying pressure to the |
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| 33 | 33 | | person's throat or neck or by blocking the person's nose or mouth; |
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| 34 | 34 | | (3) a person who contracts with government to perform |
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| 35 | 35 | | a service in a facility described [as defined] by Section |
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| 36 | 36 | | 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, |
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| 37 | 37 | | or an employee of that person: |
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| 38 | 38 | | (A) while the person or employee is engaged in |
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| 39 | 39 | | performing a service within the scope of the contract, if the actor |
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| 40 | 40 | | knows the person or employee is authorized by government to provide |
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| 41 | 41 | | the service; or |
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| 42 | 42 | | (B) in retaliation for or on account of the |
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| 43 | 43 | | person's or employee's performance of a service within the scope of |
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| 44 | 44 | | the contract; |
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| 45 | 45 | | (4) a person the actor knows is a security officer |
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| 46 | 46 | | while the officer is performing a duty as a security officer; |
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| 47 | 47 | | (5) a person the actor knows is emergency services |
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| 48 | 48 | | personnel while the person is providing emergency services; |
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| 49 | 49 | | (6) a person the actor knows is a process server while |
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| 50 | 50 | | the person is performing a duty as a process server; |
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| 51 | 51 | | (7) a pregnant individual to force the individual to |
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| 52 | 52 | | have an abortion; [or] |
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| 53 | 53 | | (8) a person the actor knows is pregnant at the time of |
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| 54 | 54 | | the offense; or |
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| 55 | 55 | | (9) a person the actor knows is hospital personnel |
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| 56 | 56 | | while the person is performing a service in the hospital. |
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| 57 | 57 | | SECTION 3. Section 22.01(e), Penal Code, is amended by |
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| 58 | 58 | | adding Subdivision (1-a) to read as follows: |
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| 59 | 59 | | (1-a) "Hospital personnel" includes nurses, |
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| 60 | 60 | | physicians, physician assistants, maintenance or janitorial staff, |
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| 61 | 61 | | receptionists, and other individuals who are employed by or work in |
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| 62 | 62 | | a facility that is licensed as a general hospital or special |
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| 63 | 63 | | hospital, as those terms are defined by Section 241.003, Health and |
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| 64 | 64 | | Safety Code, including a hospital maintained or operated by the |
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| 65 | 65 | | state. |
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| 66 | 66 | | SECTION 4. The change in law made by this Act applies only |
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| 67 | 67 | | to an offense committed on or after the effective date of this Act. |
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| 68 | 68 | | An offense committed before the effective date of this Act is |
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| 69 | 69 | | governed by the law in effect on the date the offense was committed, |
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| 70 | 70 | | and the former law is continued in effect for that purpose. For |
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| 71 | 71 | | purposes of this section, an offense was committed before the |
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| 72 | 72 | | effective date of this Act if any element of the offense occurred |
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| 73 | 73 | | before that date. |
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| 74 | 74 | | SECTION 5. This Act takes effect September 1, 2023. |
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