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.