By Giddings                                           H.B. No. 1885
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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, the offense is
1-14     a felony of the third degree; or
1-15                 (2)  [a state jail felony] if it is shown on the trial
1-16     of the offense that the offense was committed against a family
1-17     member or a member of the defendant's household and that the
1-18     defendant has been previously convicted two or more times of an
1-19     offense against a family member or a member of the defendant's
1-20     household under this section, Section 22.02, or under the laws of
1-21     another state or the Uniform Code of Military Justice for an
 2-1     offense containing elements that are substantially similar to the
 2-2     elements of an offense under this section or Section 22.02, the
 2-3     offense is:
 2-4                       (A)  A felony of the third degree.
 2-5           (e)  In this section:
 2-6                 (1)  "Family" and "household" have[, "family" has] the
 2-7     meanings [meaning] assigned by Chapter 71 [Section 71.01], Family
 2-8     Code.
 2-9                 (2)  "Member of the defendant's household" includes a
2-10     person who previously lived in the defendant's household.
2-11           SECTION 2.  Article 42.12, Code of Criminal Procedure, is
2-12     amended by adding Section 13D to read as follows:
2-13           Section 13D.  COMMUNITY SUPERVISION FOR CERTAIN ASSAULTIVE
2-14     OFFENSES AGAINST FAMILY MEMBER OR MEMBER OF HOUSEHOLD.  A judge
2-15     granting community supervision to a defendant convicted of an
2-16     offense under section 22.01(b)(2)(A), Penal Code, shall require as
2-17     a condition of community supervision that the defendant submit to
2-18     not less than 120 days of confinement in county jail.
2-19           SECTION 3.  The change in law made by this Act applies only
2-20     to an offense committed on or after the effective date of this Act.
2-21     An offense committed before the effective date of this Act is
2-22     covered by the law in effect when the offense was committed, and
2-23     the former law is continued in effect for that purpose.  For
2-24     purposes of this section, an offense was committed before the
2-25     effective date of this Act if any element of the offense occurred
 3-1     before that date.
 3-2           SECTION 4.  This Act takes effect September 1, 1999.
 3-3           SECTION 5.  The importance of this legislation and the
 3-4     crowded condition of the calendars in both houses create an
 3-5     emergency and an imperative public necessity that the
 3-6     constitutional rule requiring bills to be read on three several
 3-7     days in each house be suspended, and this rule his hereby
 3-8     suspended.