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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for certain family |
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violence assaults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.01(b) and (b-3), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense that was |
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committed: |
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(i) [under this chapter, Chapter 19, or |
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Section 20.03, 20.04, 21.11, or 25.11] against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; and |
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(ii) under: |
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(a) this chapter, Chapter 19, or |
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Section 20.03, 20.04, 21.11, or 25.11; |
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(b) Section 25.07, if the applicable |
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violation was based on the commission of family violence as |
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described by Subsection (a)(1) of that section; or |
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(c) Section 25.072, if any of the |
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applicable violations were based on the commission of family |
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violence as described by Section 25.07(a)(1); or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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(3) a person who contracts with government to perform |
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a service in a facility as defined by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services; |
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(6) a person the actor knows is a process server while |
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the person is performing a duty as a process server; |
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(7) a pregnant individual to force the individual to |
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have an abortion; or |
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(8) a person the actor knows is pregnant at the time of |
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the offense. |
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(b-3) Notwithstanding Subsection (b)(2), an offense under |
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Subsection (a)(1) is a felony of the second degree if: |
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(1) the offense is committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(2) it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense that was |
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committed: |
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(A) [under this chapter, Chapter 19, or Section |
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20.03, 20.04, or 21.11] against a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code; and |
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(B) under: |
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(i) this chapter, Chapter 19, or Section |
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20.03, 20.04, 21.11, or 25.11; |
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(ii) Section 25.07, if the applicable |
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violation was based on the commission of family violence as |
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described by Subsection (a)(1) of that section; or |
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(iii) Section 25.072, if any of the |
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applicable violations were based on the commission of family |
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violence as described by Section 25.07(a)(1); and |
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(3) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |