By Naishtat H.B. No. 155
76R528 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain assaultive offenses
1-3 involving domestic violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 22.01(b) and (e), Penal Code, are
1-6 amended to read as follows:
1-7 (b) An offense under Subsection (a)(1) is a Class A
1-8 misdemeanor, except that the offense is:
1-9 (1) a felony of the third degree if the offense is
1-10 committed against a person the actor knows is a public servant
1-11 while the public servant is lawfully discharging an official duty,
1-12 or in retaliation or on account of an exercise of official power or
1-13 performance of an official duty as a public servant; or
1-14 (2) a state jail felony if it is shown on the trial of
1-15 the offense that the offense was committed against a family member
1-16 and that:
1-17 (A) the defendant has been previously convicted
1-18 of an offense against a family member under this section two or
1-19 more times; or
1-20 (B) a child who is a member of the victim's
1-21 household witnessed the offense.
1-22 (e) In this section:
1-23 (1) "Child" means a person younger than 17 years of
1-24 age.
2-1 (2) "Family" and "household" have [, "family" has] the
2-2 meanings [meaning] assigned by Chapter 71 [Section 71.01], Family
2-3 Code.
2-4 (3) "Member of the victim's household" includes a
2-5 person who previously lived in the victim's household.
2-6 SECTION 2. (a) The change in law made by this Act applies
2-7 only to an offense committed on or after the effective date of this
2-8 Act. For purposes of this section, an offense is committed before
2-9 the effective date of this Act if any element of the offense occurs
2-10 before that date.
2-11 (b) An offense committed before the effective date of this
2-12 Act is covered by the law in effect when the offense was committed,
2-13 and the former law is continued in effect for that purpose.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.