By: Brown S.B. No. 105
73R1590 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of assault on employees
1-3 of certain primary or secondary schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.01(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) An offense under Subsection (a)(1) of this section is a
1-8 Class A misdemeanor unless:
1-9 (1) the offense is committed by the owner or an
1-10 employee of an institution described in Section 242.002(6), Health
1-11 and Safety Code, or a person providing medical or psychiatric
1-12 treatment at an institution described in that section, and the
1-13 offense is committed by causing bodily injury to a patient or
1-14 resident of an institution described in that section, in which
1-15 event the offense is a felony of the third degree;
1-16 (2) the offense is committed by the owner or employee
1-17 of a facility, except a facility operated by the Texas Youth
1-18 Commission or the Texas Department of Corrections, described in
1-19 Section 242.003(a)(6), Health and Safety Code, or a person
1-20 providing medical or psychiatric treatment at a facility, except a
1-21 facility operated by the Texas Youth Commission or the Texas
1-22 Department of Corrections, described in that section, and the
1-23 offense is committed by causing bodily injury to a patient or
1-24 resident of a facility, except a facility operated by the Texas
2-1 Youth Commission or the Texas Department of Corrections, described
2-2 in that section, in which event the offense is a felony of the
2-3 third degree; <or>
2-4 (3) the offense is committed against a family member
2-5 and the actor has been previously convicted under this section for
2-6 an offense against a family member two or more times, in which
2-7 event the offense is a felony of the third degree; or
2-8 (4) the offense is committed against a classroom
2-9 teacher, principal, bus driver, or other employee of a primary or
2-10 secondary school accredited by the Texas Education Agency while the
2-11 employee is engaged in performing duties within the scope of
2-12 employment, in which event the offense is a felony of the third
2-13 degree.
2-14 SECTION 2. Section 22.01(c), Penal Code, as amended by
2-15 Chapters 14 and 334, Acts of the 72nd Legislature, Regular Session,
2-16 1991, is amended to read as follows:
2-17 (c) An offense under Subsection (a)(2) of this section is a
2-18 Class C misdemeanor unless:
2-19 (1) the offense is committed by the owner or an
2-20 employee of an institution described in Section 242.002(6), Health
2-21 and Safety Code, or a person providing medical or psychiatric
2-22 treatment at an institution described in that section, and the
2-23 offense is committed by threatening a patient or resident of an
2-24 institution described in that section with bodily injury, in which
2-25 event the offense is a Class B misdemeanor; <or>
2-26 (2) the offense is committed by the owner or an
2-27 employee of a facility, except a facility operated by the Texas
3-1 Youth Commission or the institutional division of the Texas
3-2 Department of Criminal Justice, described in Section 242.003(a)(6)
3-3 <242.002>, Health and Safety Code, or a person providing medical or
3-4 psychiatric treatment at a facility, except a facility operated by
3-5 the Texas Youth Commission or the institutional division, described
3-6 in that section, and the offense is committed by threatening a
3-7 patient or resident of a facility, except a facility operated by
3-8 the Texas Youth Commission or the institutional division, described
3-9 in that section with bodily injury, in which event the offense is a
3-10 Class B misdemeanor;
3-11 (3) the offense is committed against a classroom
3-12 teacher, counselor, principal, bus driver, or other <similar
3-13 instructional or administrative> employee of a primary or secondary
3-14 school accredited by the Texas Education Agency, other than the
3-15 Windham Schools, while the employee is engaged in performing <his
3-16 educational> duties within the scope of employment, in which event
3-17 the offense is a Class B misdemeanor; or
3-18 (4) the offense is committed against a family member
3-19 and the actor has been previously convicted under this section for
3-20 an offense against a family member:
3-21 (A) one time, in which event the offense is a
3-22 Class B misdemeanor;
3-23 (B) two times, in which event the offense is a
3-24 Class A misdemeanor; or
3-25 (C) more than two times, in which event the
3-26 offense is a felony of the third degree.
3-27 SECTION 3. Section 22.01(d), Penal Code, is amended to read
4-1 as follows:
4-2 (d) An offense under Subsection (a)(3) of this section is a
4-3 Class C misdemeanor unless:
4-4 (1) the offense is committed against a classroom
4-5 teacher, counselor, principal, bus driver, or other <similar
4-6 instructional or administrative> employee of a primary or secondary
4-7 school accredited by the Texas Education Agency while the employee
4-8 is engaged in performing <his educational> duties within the scope
4-9 of employment, in which event the offense is a Class B misdemeanor;
4-10 or
4-11 (2) the offense is committed against a family member
4-12 and the actor has been previously convicted under this section for
4-13 an offense against a family member:
4-14 (A) one time, in which event the offense is a
4-15 Class B misdemeanor;
4-16 (B) two times, in which event the offense is a
4-17 Class A misdemeanor; or
4-18 (C) more than two times, in which event the
4-19 offense is a felony of the third degree.
4-20 SECTION 4. (a) The change in law made by this Act applies
4-21 only to an offense committed on or after the effective date of this
4-22 Act. For purposes of this section, an offense is committed before
4-23 the effective date of this Act if any element of the offense occurs
4-24 before the effective date.
4-25 (b) An offense committed before the effective date of this
4-26 Act is covered by the law in effect when the offense was committed,
4-27 and the former law is continued in effect for this purpose.
5-1 SECTION 5. This Act takes effect September 1, 1993.
5-2 SECTION 6. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.