1-1 By: Shapiro, Moncrief S.B. No. 134 1-2 (In the Senate - Filed December 12, 1994; January 16, 1995, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 January 31, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; 1-6 January 31, 1995, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 134 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the punishment for certain assaults committed by one 1-11 member of a family against another family member. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 22.01, Penal Code, is amended by amending 1-14 Subsection (b) and by adding Subsection (d) to read as follows: 1-15 (b) An offense under Subsection (a)(1) is a Class A 1-16 misdemeanor unless it is shown on the trial of the offense that the 1-17 offense was committed against a family member and that the 1-18 defendant has been previously convicted of an offense against a 1-19 family member under this section two or more times, in which event 1-20 the offense is a state jail felony. 1-21 (d) In this section, "family" has the meaning assigned by 1-22 Section 71.01, Family Code. 1-23 SECTION 2. (a) The change in law made by this Act applies 1-24 only to an offense committed on or after the effective date of this 1-25 Act. For purposes of this section, an offense is committed before 1-26 the effective date of this Act if any element of the offense occurs 1-27 before the effective date. 1-28 (b) An offense committed before the effective date of this 1-29 Act is covered by the law in effect when the offense was committed, 1-30 and the former law is continued in effect for that purpose. 1-31 SECTION 3. This Act takes effect September 1, 1995. 1-32 SECTION 4. The importance of this legislation and the 1-33 crowded condition of the calendars in both houses create an 1-34 emergency and an imperative public necessity that the 1-35 constitutional rule requiring bills to be read on three several 1-36 days in each house be suspended, and this rule is hereby suspended. 1-37 * * * * *