Texas 2025 - 89th Regular

Texas Senate Bill SB2771 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R16232 CJD-D
2	2	By: King S.B. No. 2771
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offense of aggravated assault.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 22.02, Penal Code, is amended by
12	12	amending Subsections (a) and (b) and adding Subsection (b-1) to
13	13	read as follows:
14	14	(a) A person commits an offense if the person commits
15	15	assault as defined in Sec. 22.01 and the person:
16	16	(1) causes serious bodily injury to another, including
17	17	the person's spouse; [or]
18	18	(2) causes substantial bodily injury to another,
19	19	including the person's spouse; or
20	20	(3) uses or exhibits a deadly weapon during the
21	21	commission of the assault.
22	22	(b) An offense under Subsection (a)(1) or (3) [this section]
23	23	is a felony of the second degree, except that the offense is a
24	24	felony of the first degree if:
25	25	(1) the actor uses a deadly weapon during the
26	26	commission of the assault and causes:
27	27	(A) serious bodily injury to a person whose
28	28	relationship to or association with the defendant is described by
29	29	Section 71.0021(b), 71.003, or 71.005, Family Code; or
30	30	(B) a traumatic brain or spine injury to another
31	31	that results in a persistent vegetative state or irreversible
32	32	paralysis;
33	33	(2) regardless of whether the offense is committed
34	34	under Subsection (a)(1) or (a)(3) [(a)(2)], the offense is
35	35	committed:
36	36	(A) by a public servant acting under color of the
37	37	servant's office or employment;
38	38	(B) against a person the actor knows is a public
39	39	servant while the public servant is lawfully discharging an
40	40	official duty, or in retaliation or on account of an exercise of
41	41	official power or performance of an official duty as a public
42	42	servant;
43	43	(C) in retaliation against or on account of the
44	44	service of another as a witness, prospective witness, informant, or
45	45	person who has reported the occurrence of a crime;
46	46	(D) against a person the actor knows is a process
47	47	server while the person is performing a duty as a process server; or
48	48	(E) against a person the actor knows is a
49	49	security officer while the officer is performing a duty as a
50	50	security officer;
51	51	(3) the actor is in a motor vehicle, as defined by
52	52	Section 501.002, Transportation Code, and:
53	53	(A) knowingly discharges a firearm at or in the
54	54	direction of a habitation, building, or vehicle;
55	55	(B) is reckless as to whether the habitation,
56	56	building, or vehicle is occupied; and
57	57	(C) in discharging the firearm, causes serious
58	58	bodily injury to any person; or
59	59	(4) the actor commits the assault as part of a mass
60	60	shooting.
61	61	(b-1) An offense under Subsection (a)(2) is a felony of the
62	62	third degree.
63	63	SECTION 2. Section 22.02(d), Penal Code, is amended by
64	64	adding Subdivision (3) to read as follows:
65	65	(3) "Substantial bodily injury" means bodily injury
66	66	that causes protracted physical pain, temporary disfigurement, or
67	67	temporary loss or impairment of the function of any bodily member or
68	68	organ.
69	69	SECTION 3. The change in law made by this Act applies only
70	70	to an offense committed on or after the effective date of this Act.
71	71	An offense committed before the effective date of this Act is
72	72	governed by the law in effect on the date the offense was committed,
73	73	and the former law is continued in effect for that purpose. For
74	74	purposes of this section, an offense was committed before the
75	75	effective date of this Act if any element of the offense was
76	76	committed before that date.
77	77	SECTION 4. This Act takes effect September 1, 2025.