By Wentworth                                           S.B. No. 343
       74R4403 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment of assaults committed against certain
    1-3  public servants.
    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 adding Subsections (d), (e), and (f) to
    1-7  read as follows:
    1-8        (b)  Except as provided by Subsection (e), an <An> offense
    1-9  under Subsection (a)(1) is a Class A misdemeanor.
   1-10        (c)  Except as provided by Subsections (e) and (f), an
   1-11  offense under Subsection (a)(2) is a Class C misdemeanor.
   1-12        (d)  Except as provided by Subsection (f), an <An> offense
   1-13  under Subsection (a)<(2) or> (3) is a Class C misdemeanor.
   1-14        (e)  An offense under Subsection (a)(1) or (a)(2) is a felony
   1-15  of the third degree if:
   1-16              (1)  the person assaulted is a member of the Board of
   1-17  Pardons and Paroles or the Texas Board of Criminal Justice, an
   1-18  employee of the pardons and paroles division of the Texas
   1-19  Department of Criminal Justice, an employee of the Windham Schools,
   1-20  a peace officer, or a jailer, guard, or other employee of a
   1-21  municipal or county jail, the institutional division of the Texas
   1-22  Department of Criminal Justice, or a correctional facility
   1-23  authorized by Subchapter F, Chapter 351, Local Government Code, or
   1-24  Chapter 495, Government Code;
    2-1              (2)  the actor knows or has been informed that the
    2-2  person assaulted is a member of the Board of Pardons and Paroles or
    2-3  the Texas Board of Criminal Justice, an employee of the pardons and
    2-4  paroles division, an employee of the Windham Schools, a peace
    2-5  officer, or a jailer, guard, or other employee; and
    2-6              (3)  the offense is committed:
    2-7                    (A)  while the member of the Board of Pardons and
    2-8  Paroles or Texas Board of Criminal Justice, employee of the pardons
    2-9  and paroles division, employee of the Windham Schools, peace
   2-10  officer, or jailer, guard, or other employee is lawfully
   2-11  discharging an official duty; or
   2-12                    (B)  in retaliation for or on account of an
   2-13  exercise of official power or performance of an official duty as a
   2-14  member of the Board of Pardons and Paroles or Texas Board of
   2-15  Criminal Justice, an employee of the pardons and paroles division,
   2-16  an employee of the Windham Schools, a peace officer, or a jailer,
   2-17  guard, or other employee.
   2-18        (f)  An offense under Subsection (a)(2) or (a)(3) is a Class
   2-19  B misdemeanor if the offense is committed against a classroom
   2-20  teacher, counselor, principal, or other similar instructional or
   2-21  administrative employee of a primary or secondary school accredited
   2-22  by the Central Education Agency, other than the Windham Schools,
   2-23  while the employee is engaged in performing educational duties.
   2-24        SECTION 2.  (a)  The change in law made by this Act applies
   2-25  only to an offense committed on or after the effective date of this
   2-26  Act.  For purposes of this section, an offense is committed before
   2-27  the effective date of this Act if any element of the offense occurs
    3-1  before the effective date.
    3-2        (b)  An offense committed before the effective date of this
    3-3  Act is covered by the law in effect when the offense was committed,
    3-4  and the former law is continued in effect for that purpose.
    3-5        SECTION 3.  This Act takes effect September 1, 1995.
    3-6        SECTION 4.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency and an imperative public necessity that the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended.