HBA-RBT H.B. 92 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 92 By: Reyna, Arthur Criminal Jurisprudence 4/8/1999 Introduced BACKGROUND AND PURPOSE Violence against teachers has been of increasing concern. Recent high profile school shootings and assaults have greatly added to public awareness and discussion. H.B. 92 provides enhanced penalties if a teacher is assaulted while performing their job duties or in retaliation for performing their job duties. If the assault would have been a Class A, B, or C misdemeanor, the grade of the offense is increased to a felony of the third degree, a Class A misdemeanor, or a Class B misdemeanor, respectively. The bill creates a presumption that a student and the student's parent or guardian knows the school employee is a school employee if the student is enrolled at the school where the employee works. It specifies that it is not a defense that the assault occurred off school premises or at a time when school is not in session. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.01, Penal Code, as follows: Sec. 22.01. ASSAULT. Establishes increased penalties for assaults committed against an employee of a public or private primary or secondary school while the employee is performing duties within the scope of employment or in retaliation for or on account of the employee's performance of such duties. Provides that the offense is a felony of the third degree if it is committed intentionally, knowingly, or recklessly, and causes bodily injury. Provides that the offense is a Class A misdemeanor if it is committed intentionally or knowingly and involves a threat of imminent bodily injury. Provides that the offense is a Class B misdemeanor if it is committed intentionally or knowingly and causes physical contact with the school employee and the offender knows or should know the school employee will find the contact offensive or provocative. Provides that the offender will be presumed to have known that the person assaulted was a school employee if the offender was a student enrolled at the school or the parent or guardian of a student enrolled at the school. Provides that it is not a defense to prosecution that the offense occurred off school premises or at a time when school was not in session. Establishes that "family" has the meaning assigned by Section 71.003, Family Code, rather than Section 71.01 (repealed by Acts 1997, 75th Legislature, ch. 34, Section 2, effective May 5, 1997), Family Code. Creates Subdivisions (b)(1)(A) and (c)(2) from existing text. Redesignates Subsection(e) to (f). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.