By Alexander H.B. No. 752
75R4428 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of domestic assault.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.01(a), Penal Code, is amended to read
1-5 as follows:
1-6 (a) A person commits an offense if the person:
1-7 (1) intentionally, knowingly, or recklessly causes
1-8 bodily injury to another, including the person's spouse;
1-9 (2) intentionally or knowingly threatens another with
1-10 imminent bodily injury[, including the person's spouse]; or
1-11 (3) intentionally or knowingly causes physical contact
1-12 with another when the person knows or should reasonably believe
1-13 that the other will regard the contact as offensive or provocative.
1-14 SECTION 2. (a) Section 22.01(b), Penal Code, as amended by
1-15 Chapters 318 and 659, Acts of the 74th Legislature, Regular
1-16 Session, 1995, is amended to read as follows:
1-17 (b) An offense under Subsection (a)(1) is a Class A
1-18 misdemeanor, except that the offense is[:]
1-19 [(1)] a felony of the third degree if the offense is
1-20 committed against a person the actor knows is a public servant
1-21 while the public servant is lawfully discharging an official duty,
1-22 or in retaliation or on account of an exercise of official power or
1-23 performance of an official duty as a public servant[; or]
1-24 [(2) a state jail felony if it is shown on the trial
2-1 of the offense that the offense was committed against a family
2-2 member and that the defendant has been previously convicted of an
2-3 offense against a family member under this section two or more
2-4 times].
2-5 (b) To the extent of any conflict, this Act prevails over
2-6 another Act of the 75th Legislature, Regular Session, 1997,
2-7 relating to nonsubstantive additions to and corrections in codes.
2-8 SECTION 3. Chapter 22, Penal Code, is amended by adding
2-9 Section 22.010 to read as follows:
2-10 Sec. 22.010. DOMESTIC ASSAULT. (a) A person commits an
2-11 offense if the person:
2-12 (1) intentionally or knowingly threatens a member of
2-13 the person's family or household with imminent bodily injury; or
2-14 (2) intentionally or knowingly causes physical contact
2-15 with a member of the person's family or household when the person
2-16 knows or should reasonably believe that the other will regard the
2-17 contact as offensive or provocative.
2-18 (b) An offense under this section is a Class B misdemeanor,
2-19 except that the offense is a state jail felony if it is shown on
2-20 the trial of the offense that the defendant has been previously
2-21 convicted of:
2-22 (1) more than one offense under this section;
2-23 (2) more than one offense under Section 22.01, with
2-24 each offense alleged for enhancement purposes shown to have been
2-25 committed against a family member; or
2-26 (3) an offense under this section and Section 22.01,
2-27 with the offense under Section 22.01 alleged for enhancement
3-1 purposes shown to have been committed against a family member.
3-2 (c) In this section, "family," "household," and "member of a
3-3 household" have the meanings assigned by Section 71.01, Family
3-4 Code.
3-5 SECTION 4. Section 22.02(a), Penal Code, is amended to read
3-6 as follows:
3-7 (a) A person commits an offense if the person commits
3-8 assault as defined in Section 22.01 or 22.010 and the person:
3-9 (1) causes serious bodily injury to another, including
3-10 the person's spouse; or
3-11 (2) uses or exhibits a deadly weapon during the
3-12 commission of the assault.
3-13 SECTION 5. Section 22.01(d), as added by Chapter 659, Acts
3-14 of the 74th Legislature, Regular Session, 1995, is repealed.
3-15 SECTION 6. (a) The change in law made by this Act applies
3-16 only to an offense committed on or after the effective date of this
3-17 Act. For purposes of this section, an offense is committed before
3-18 the effective date of this Act if any element of the offense occurs
3-19 before the effective date.
3-20 (b) An offense committed before the effective date of this
3-21 Act is covered by the law in effect when the offense was committed,
3-22 and the former law is continued in effect for this purpose.
3-23 SECTION 7. This Act takes effect September 1, 1997.
3-24 SECTION 8. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.