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.