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.