76R11608 GWK-D                           
         By Garcia                                             H.B. No. 1763
         Substitute the following for H.B. No. 1763:
         By Garcia                                         C.S.H.B. No. 1763
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of certain domestic
 1-3     violence offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 22.01, Penal Code, is amended by amending
 1-6     Subsections (b) and (e) and adding Subsection (f) to read as
 1-7     follows:
 1-8           (b)  An offense under Subsection (a)(1) is a Class A
 1-9     misdemeanor, except that the offense is:
1-10                 (1)  a felony of the third degree if the offense is
1-11     committed against:
1-12                       (A)  a person the actor knows is a public servant
1-13     while the public servant is lawfully discharging an official duty,
1-14     or in retaliation or on account of an exercise of official power or
1-15     performance of an official duty as a public servant; or
1-16                       (B) [(2)  a state jail felony if it is shown on
1-17     the trial of the offense that the offense was committed against] a
1-18     [family] member of the defendant's family or household, if it is
1-19     shown on the trial of the offense [and] that the defendant has been
1-20     previously convicted of an offense against a [family] member of the
1-21     defendant's family or household under this section; or
1-22                 (2)  a state jail felony if it is shown on the trial of
1-23     the offense that the offense was committed in the presence of
1-24     another member of the defendant's family or household who at the
 2-1     time of the commission of the offense was a child younger than 17
 2-2     years of age [two or more times].
 2-3           (e)  In this section:
 2-4                 (1)  "Family" [, "family"] has the meaning assigned by
 2-5     Section 71.003 [71.01], Family Code.
 2-6                 (2)  "Household" has the meaning assigned by Section
 2-7     71.005, Family Code.
 2-8           (f)  For the purposes of this section, a defendant has been
 2-9     previously convicted of an offense against a member of the
2-10     defendant's family or a member of the defendant's household under
2-11     this section  if the defendant was adjudged guilty of the offense
2-12     or entered a plea of guilty or nolo contendere in return for a
2-13     grant of deferred adjudication, regardless of whether the sentence
2-14     for the offense was ever imposed or whether the sentence was
2-15     probated and the defendant was subsequently discharged from
2-16     community supervision.
2-17           SECTION 2.  (a)  The change in law made by this Act applies
2-18     only to an offense committed on or after the effective date of this
2-19     Act.  For purposes of this section, an offense is committed before
2-20     the effective date of this Act if any element of the offense occurs
2-21     before the effective date.
2-22           (b)  An offense committed before the effective date of this
2-23     Act is covered by the law in effect when the offense was committed,
2-24     and the former law is continued in effect for that purpose.
2-25           SECTION 3.  This Act takes effect September 1, 1999.
2-26           SECTION 4.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.