By Cook H.B. No. 1580
76R6281 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of certain assaultive
1-3 offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Penal Code, is amended by adding
1-6 Section 22.012 to read as follows:
1-7 Sec. 22.012. FAMILY VIOLENCE. (a) In this section,
1-8 "family" has the meaning assigned by Section 71.003, Family Code.
1-9 (b) A person commits an offense if the person, after having
1-10 been convicted of an offense under this chapter, Section 42.07, or
1-11 Section 42.072, commits assault as defined in Section 22.01(a)(1)
1-12 against a member of the person's family.
1-13 (c) An offense under this section is a state jail felony.
1-14 (d) If conduct constitutes an offense under this section and
1-15 Section 22.02, the actor must be prosecuted under Section 22.02.
1-16 SECTION 2. Section 22.01(b), Penal Code, is amended to read
1-17 as follows:
1-18 (b) An offense under Subsection (a)(1) is a Class A
1-19 misdemeanor, except that the offense is[:]
1-20 [(1)] a felony of the third degree if the offense is
1-21 committed against a person the actor knows is a public servant
1-22 while the public servant is lawfully discharging an official duty,
1-23 or in retaliation or on account of an exercise of official power or
1-24 performance of an official duty as a public servant[; or]
2-1 [(2) a state jail felony if it is shown on the trial
2-2 of the offense that the offense was committed against a family
2-3 member and that the defendant has been previously convicted of an
2-4 offense against a family member under this section two or more
2-5 times].
2-6 SECTION 3. Section 22.01(e), Penal Code, is repealed.
2-7 SECTION 4. (a) The change in law made by this Act applies
2-8 only to an offense committed on or after the effective date of this
2-9 Act. For purposes of this section, an offense is committed before
2-10 the effective date of this Act if any element of the offense occurs
2-11 before the effective date.
2-12 (b) An offense committed before the effective date of this
2-13 Act is covered by the law in effect when the offense was committed,
2-14 and the former law is continued in effect for that purpose.
2-15 SECTION 5. This Act takes effect September 1, 1999.
2-16 SECTION 6. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.