BILL ANALYSIS



H.B. 1753
By: Hightower
April 12, 1995
Committee Report (Unamended)


BACKGROUND

Assault and Aggravated Assault combined used 16 lines of the "new"
Penal Code when it was adopted in 1973.  At that time, the only way
to elevate the offense of assault to aggravated assault was for the
defendant to have caused serious bodily injury, have used a deadly
weapon, or assaulted a peace officer.  By 1992, those offenses
occupied 30 paragraphs of the Penal Code, setting out a growing
list of special victims including nursing home patients, teachers,
family members, and several categories of correctional or
supervision personnel.  (See Penal Code &&22.01, 22.02).  In 1993,
the Punishment Standards Commission recommended, and the
Legislature enacted in S.B. 1067, a significant revision of the
Penal Code that included stripping away the list of special victims
for whom simple assault becomes aggravated assault.

In the aftermath of the 1993 legislative session, significant
concern emerged, particularly among adult correctional officers,
that the revision would "declare open season on guards within the
Texas Department of Criminal Justice prison system" by classifying
as a misdemeanor the offense of striking a correctional officer.

PURPOSE

If enacted, H.B. 1753 would enhance simple assault to a third
degree felony when it is committed against any public servant.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.01, Penal Code (ASSAULT), by amending
Subsection (b) and adding Subsection (d) as follows:

     (b) classifies an offense under Subsection (a)(1) as a third
     degree felony if committed:

           (1) by a public servant acting under color of the
           servant's office or employment; or

           (2) against a person acting on behalf of his employer
           in discharging this duty.

     (d) presumes the actor's knowledge of the victim's public
     servant status if the latter was wearing a distinctive uniform
     or badge indicating employment as a public servant.

SECTION 2.

     (a) Change in law made by this Act applies only to an offense
     committed on or after the effective date of this Act.

     (b) Makes effect of the Act prospective.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1753 was considered by the full committee in a public hearing on
April 10, 1995 and was left pending in committee.

HB 1753 was considered by the full committee in a formal meeting on
April 12, 1995.  The bill was reported favorably without amendment,
with the recommendation that it do pass and be printed by a record
vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.