By: Shapiro, Moncrief S.B. No. 134
West, Zaffirini
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for certain assaults committed by one
1-2 member of a family against another family member.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.01, Penal Code, is amended by amending
1-5 Subsection (b) and by adding Subsection (d) to read as follows:
1-6 (b) An offense under Subsection (a)(1) is a Class A
1-7 misdemeanor unless it is shown on the trial of the offense that the
1-8 offense was committed against a family member and that the
1-9 defendant has been previously convicted of an offense against a
1-10 family member under this section two or more times, in which event
1-11 the offense is a state jail felony.
1-12 (d) In this section, "family" has the meaning assigned by
1-13 Section 71.01, Family Code.
1-14 SECTION 2. (a) The change in law made by this Act applies
1-15 only to an offense committed on or after the effective date of this
1-16 Act. For purposes of this section, an offense is committed before
1-17 the effective date of this Act if any element of the offense occurs
1-18 before the effective date.
1-19 (b) An offense committed before the effective date of this
1-20 Act is covered by the law in effect when the offense was committed,
1-21 and the former law is continued in effect for that purpose.
1-22 SECTION 3. This Act takes effect September 1, 1995.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.