By: Carona H.B. No. 4
73R810 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offenses of aggravated assault and deadly assault
1-3 on a municipal or county officer or employee who is authorized to
1-4 issue citations or serve process.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.02, Penal Code, is amended by amending
1-7 Subsection (c) and adding Subsections (e) and (f) to read as
1-8 follows:
1-9 (c) An offense under this section is a felony of the third
1-10 degree, unless the offense is committed under Subdivision (2) of
1-11 Subsection (a) or Subsection (e) of this section and the person
1-12 uses a deadly weapon, in which event the offense is a felony of the
1-13 first degree.
1-14 (e) A person commits an offense if:
1-15 (1) the person commits assault as defined in Section
1-16 22.01 of this code;
1-17 (2) the person threatens to cause bodily injury or
1-18 causes bodily injury to an officer or employee of a municipality or
1-19 county who is authorized to issue citations or to serve process of
1-20 a court;
1-21 (3) the person knows or has been informed that the
1-22 person assaulted is an officer or employee described in Subdivision
1-23 (2) of this subsection; and
1-24 (4) the assault is committed:
2-1 (A) while the officer or employee is acting in
2-2 the lawful discharge of an official duty; or
2-3 (B) in retaliation for or on account of an
2-4 exercise of official power or performance of an official duty by
2-5 the officer or employee.
2-6 (f) For purposes of Subsection (e) of this section, the
2-7 actor is presumed to have known that the person assaulted was an
2-8 officer or employee described in Subsection (e)(2) of this section
2-9 if the officer or employee was wearing a distinctive uniform or
2-10 badge or displayed other identification identifying the status of
2-11 the officer or employee.
2-12 SECTION 2. Section 22.03, Penal Code, is amended by adding
2-13 Subsections (f) and (g) to read as follows:
2-14 (f) A person commits an offense if:
2-15 (1) with a deadly weapon, the person intentionally or
2-16 knowingly causes serious bodily injury to an officer or employee of
2-17 a municipality or county who is authorized to issue citations or to
2-18 serve process of a court;
2-19 (2) the person knows or has been informed that the
2-20 person injured is an officer or employee described in Subdivision
2-21 (1) of this subsection; and
2-22 (3) the injury occurs:
2-23 (A) while the officer or employee is acting in
2-24 the lawful discharge of an official duty; or
2-25 (B) in retaliation for or on account of an
2-26 exercise of official power or performance of an official duty by
2-27 the officer or employee.
3-1 (g) For purposes of Subsection (f) of this section, the
3-2 actor is presumed to have known that the person injured was an
3-3 officer or employee described in Subsection (f)(1) of this section
3-4 if the officer or employee was wearing a distinctive uniform or
3-5 badge or displayed other identification indicating the status of
3-6 the officer or employee.
3-7 SECTION 3. The section heading of Section 22.03, Penal Code,
3-8 is amended to read as follows:
3-9 Sec. 22.03. DEADLY ASSAULT <ON LAW ENFORCEMENT OR
3-10 CORRECTIONS OFFICER, MEMBER OR EMPLOYEE OF BOARD OF PARDONS AND
3-11 PAROLES, COURT PARTICIPANT, PROBATION PERSONNEL, OR EMPLOYEE OF
3-12 TEXAS YOUTH COMMISSION>.
3-13 SECTION 4. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section, an offense is committed before
3-16 the effective date of this Act if any element of the offense occurs
3-17 before the effective date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for this purpose.
3-21 SECTION 5. This Act takes effect September 1, 1993.
3-22 SECTION 6. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.