By: Cain S.B. No. 328
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the offense of aggravated assault and to the penalties
1-2 associated with that offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.02, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 22.02. Aggravated Assault. (a) A person commits an
1-7 offense if the person commits assault as defined in Section 22.01
1-8 and the person:
1-9 (1) causes serious bodily injury to another, including
1-10 the person's spouse; <or>
1-11 (2) uses or exhibits a deadly weapon during the
1-12 commission of the assault; or
1-13 (3) causes bodily injury to a peace officer or
1-14 employee of a correctional facility while the peace officer or
1-15 employee is lawfully discharging an official duty, or in
1-16 retaliation or on account of an exercise of official power or
1-17 performance of an official duty as a peace officer or correctional
1-18 employee.
1-19 (b) An offense under Subsections (a)(1) and (a)(2) <this
1-20 section> is a felony of the second degree, except that the offense
1-21 is a felony of the first degree if the offense is committed:
1-22 (1) by a public servant acting under color of the
1-23 servant's office or employment;
2-1 (2) against a person the actor knows is a public
2-2 servant while the public servant is lawfully discharging an
2-3 official duty, or in retaliation or on account of an exercise of
2-4 official power or performance of an official duty as a public
2-5 servant; or
2-6 (3) in retaliation against or on account of the
2-7 service of another as a witness, prospective witness, informant, or
2-8 person who has reported the occurrence of a crime.
2-9 (c) An offense under Subsection (a)(3) is a felony of the
2-10 third degree.
2-11 (d) The actor is presumed to have known the person assaulted
2-12 was a public servant, peace officer, or employee of a correctional
2-13 facility if the person was wearing a distinctive uniform or badge
2-14 indicating the person's employment as a public servant, peace
2-15 officer, or correctional employee.
2-16 SECTION 2. This Act takes effect September 1, 1995.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.