Texas 2023 - 88th Regular

Texas Senate Bill SB840 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 840
2	2
3	3
4	4	AN ACT
5	5	relating to increasing the criminal penalty for assault of certain
6	6	hospital personnel.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as the Jacqueline "Jackie"
9	9	Pokuaa and Katie "Annette" Flowers Act.
10	10	SECTION 2. Section 22.01(b), Penal Code, is amended to read
11	11	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 hospital personnel
54	54	while the person is located on hospital property, including all
55	55	land and buildings owned or leased by the hospital.
56	56	SECTION 3. Section 22.01(e), Penal Code, is amended by
57	57	adding Subdivision (1-a) to read as follows:
58	58	(1-a) "Hospital personnel" includes nurses,
59	59	physicians, physician assistants, maintenance or janitorial staff,
60	60	receptionists, and other individuals who are employed by or work in
61	61	a facility that is licensed as a general hospital or special
62	62	hospital, as those terms are defined by Section 241.003, Health and
63	63	Safety Code, including a hospital maintained or operated by the
64	64	state.
65	65	SECTION 4. The change in law made by this Act applies only
66	66	to an offense committed on or after the effective date of this Act.
67	67	An offense committed before the effective date of this Act is
68	68	governed by the law in effect on the date the offense was committed,
69	69	and the former law is continued in effect for that purpose. For
70	70	purposes of this section, an offense was committed before the
71	71	effective date of this Act if any element of the offense occurred
72	72	before that date.
73	73	SECTION 5. This Act takes effect September 1, 2023.
74	74	______________________________ ______________________________
75	75	President of the Senate Speaker of the House
76	76	I hereby certify that S.B. No. 840 passed the Senate on
77	77	April 26, 2023, by the following vote: Yeas 31, Nays 0; and that
78	78	the Senate concurred in House amendment on May 11, 2023, by the
79	79	following vote: Yeas 30, Nays 0.
80	80	______________________________
81	81	Secretary of the Senate
82	82	I hereby certify that S.B. No. 840 passed the House, with
83	83	amendment, on May 8, 2023, by the following vote: Yeas 139,
84	84	Nays 1, one present not voting.
85	85	______________________________
86	86	Chief Clerk of the House
87	87	Approved:
88	88	______________________________
89	89	Date
90	90	______________________________
91	91	Governor