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.
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