By Shapiro                                             S.B. No. 134
       74R1386 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for certain assaults committed by one
    1-3  member of a family against another family member.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 22.01, Penal Code, is amended by amending
    1-6  Subsections (b) and (c) and by adding Subsection (d) to read as
    1-7  follows:
    1-8        (b)  An offense under Subsection (a)(1) is a Class A
    1-9  misdemeanor unless it is shown on the trial of the offense that the
   1-10  offense was committed against a family member and that the
   1-11  defendant has been previously convicted of an offense under this
   1-12  section two or more times, in which event the offense is a felony
   1-13  of the third degree.
   1-14        (c)  An offense under Subsection (a)(2) or (3) is a Class C
   1-15  misdemeanor unless it is shown on the trial of the offense that the
   1-16  offense was committed against a family member and that the
   1-17  defendant has been previously convicted of an offense under this
   1-18  section:
   1-19              (1)  one time, in which event the offense is a Class B
   1-20  misdemeanor;
   1-21              (2)  two times, in which event the offense is a Class A
   1-22  misdemeanor; or
   1-23              (3)  more than two times, in which event the offense is
   1-24  a felony of the third degree.
    2-1        (d)  In this section, "family" has the meaning assigned by
    2-2  Section 71.01, Family Code.
    2-3        SECTION 2.  (a)  The change in law made by this Act applies
    2-4  only to an offense committed on or after the effective date of this
    2-5  Act.  For purposes of this section, an offense is committed before
    2-6  the effective date of this Act if any element of the offense occurs
    2-7  before the effective date.
    2-8        (b)  An offense committed before the effective date of this
    2-9  Act is covered by the law in effect when the offense was committed,
   2-10  and the former law is continued in effect for that purpose.
   2-11        SECTION 3.  This Act takes effect September 1, 1995.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.