89R11896 MEW-D
By: Bell of Montgomery H.B. No. 3098
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for certain assaults
committed against employees of primary and secondary schools and to
the conditions of community supervision for that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d-1),
(d-2), and (d-3) 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 that was
committed:
(i) 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; and
(ii) under:
(a) this chapter, Chapter 19, or
Section 20.03, 20.04, 21.11, or 25.11;
(b) Section 25.07, if the applicable
violation was based on the commission of family violence as
described by Subsection (a)(1) of that section; or
(c) Section 25.072, if any of the
applicable violations were based on the commission of family
violence as described by Section 25.07(a)(1); 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 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;
(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 located on hospital property, including all
land and buildings owned or leased by the hospital; or
(10) an employee of a public or private primary or
secondary school:
(A) while the employee is engaged in performing
duties within the scope of employment; or
(B) in retaliation for or on account of the
employee's performance of a duty within the scope of employment.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04;
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant; [or]
(3) a Class A misdemeanor if the offense is committed
against a pregnant individual to force the individual to have an
abortion;
(4) a Class B misdemeanor with a minimum term of
confinement of 10 days if the offense is committed under Subsection
(a)(3) against an employee of a public or private primary or
secondary school:
(A) while the employee is engaged in performing
duties within the scope of employment; or
(B) in retaliation for or on account of the
employee's performance of a duty within the scope of employment; or
(5) a Class A misdemeanor with a minimum term of
confinement of 10 days if the offense is committed under Subsection
(a)(2) against an employee of a public or private primary or
secondary school:
(A) while the employee is engaged in performing
duties within the scope of employment; or
(B) in retaliation for or on account of the
employee's performance of a duty within the scope of employment.
(d-1) For purposes of Subsections (b)(10), (c)(4), and
(c)(5), the actor is presumed to have known that the person
assaulted was a school employee if the actor was a student enrolled
in, or the parent or guardian of a student enrolled in, the school
that employed the person assaulted.
(d-2) The increase in punishment provided by Subsection
(b)(10), (c)(4), or (c)(5) applies regardless of whether the
offense occurred:
(1) off school premises; or
(2) at a time at which school was not in session.
(d-3) The increase in punishment provided by Subsection
(b)(10), (c)(4), or (c)(5) does not apply if the actor is a student
enrolled in a special education program under Subchapter A, Chapter
29, Education Code.
SECTION 2. Subchapter K, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.518 to read as follows:
Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN ASSAULT
OFFENSES. A judge granting community supervision to a defendant
convicted of an offense for which punishment is increased under
Section 22.01(b)(10), (c)(4), or (c)(5), Penal Code, shall require
as a condition of community supervision that the defendant submit
to a term of confinement of not less than 10 days in a county jail.
SECTION 3. 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 4. This Act takes effect September 1, 2025.