AEZ H.B. 2629 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2629
By: Reyna, Arthur
4-9-97
Committee Report (Unamended)



BACKGROUND 

Teachers are being verbally abused and physically assaulted by youth and
their friends or relatives. They often work in fear for their safety,
giving instructional guidance to the majority of youth that want to excel.
There are discipline guidelines to address the suspension or expulsion of
an unruly youth from schools.  There are also laws pertaining to assaults
made by individuals.  Current law, however, does not protect teachers from
assault. 

PURPOSE

HB 2629, as proposed, would amend the Texas Penal Code,, Section 22.01(b)
to include teachers, school administrators and paraprofessionals during an
instructional day or activity to and from their residence as public
servants.    HB 2629 would increase the penalty for an offense from a
Class A misdemeanor to a third degree felony. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 22.01, Penal Code, ASSAULT

Amends Sec 22.01 (a)(1)(B), by adding employees of public and private
schools who are acting within the scope of employment to the list of
public servants protected by the greater charge of a third degree felony. 

Amends Section 22.01(2) by stipulating that it is a state jail felony if
it is shown on trial that the offense was committed against a family
member and that the defendant has been previously convicted. 

Adds Section 22.01(c)(1) which makes an offense under Subsection (a)(2) or
(3) a Class A misdemeanor. 

Amends Section 22.01(d) by adding language that identifies teachers as
public servants to students, parents and guardians of students enrolled in
the school that employs said public servant. 

Adds Section 22.01(e) to protect teachers on and off school premises and
during times that school is not in session. 

SECTION 2.The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3. Effective Date:  September 1, 1997.

SECTION 4.Emergency Clause.