1-1     By:  Nelson                                             S.B. No. 24
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 24                    By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution and punishment of certain domestic
1-11     violence offenses.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 22.01, Penal Code, is amended by amending
1-14     Subsections (b) and (e) and adding Subsection (f) to read as
1-15     follows:
1-16           (b)  An offense under Subsection (a)(1) is a Class A
1-17     misdemeanor, except that the offense is[:]
1-18                 [(1)]  a felony of the third degree if the offense is
1-19     committed against:
1-20                 (1)  a person the actor knows is a public servant while
1-21     the public servant is lawfully discharging an official duty, or in
1-22     retaliation or on account of an exercise of official power or
1-23     performance of an official duty as a public servant; or
1-24                 (2)  a [state jail felony if it is shown on the trial
1-25     of the offense that the offense was committed against a family]
1-26     member of the defendant's family or household, if it is shown on
1-27     the trial of the offense [and] that the defendant has been
1-28     previously convicted of an offense against a [family] member of the
1-29     defendant's family or household under this section [two or more
1-30     times].
1-31           (e)  In this section:
1-32                 (1)  "family"[, "family"] has the meaning assigned by
1-33     Section 71.003 [71.01], Family Code.
1-34                 (2)  "Household" has the meaning assigned by Section
1-35     71.005, Family Code.
1-36           (f)  For the purposes of this section, a defendant has been
1-37     previously convicted of an offense against a member of the
1-38     defendant's family or a member of the defendant's household under
1-39     this section if the defendant was adjudged guilty of the offense or
1-40     entered a plea of guilty or nolo contendere in return for a grant
1-41     of deferred adjudication, regardless of whether the sentence for
1-42     the offense was ever imposed or whether the sentence was probated
1-43     and the defendant was subsequently discharged from community
1-44     supervision.
1-45           SECTION 2.  (a)  The change in law made by this Act applies
1-46     only to an offense committed on or after the effective date of this
1-47     Act.  For purposes of this section, an offense is committed before
1-48     the effective date of this Act if any element of the offense occurs
1-49     before the effective date.
1-50           (b)  An offense committed before the effective date of this
1-51     Act is covered by the law in effect when the offense was committed,
1-52     and the former law is continued in effect for that purpose.
1-53           SECTION 3.  This Act takes effect September 1, 1999.
1-54           SECTION 4.  The importance of this legislation and the
1-55     crowded condition of the calendars in both houses create an
1-56     emergency and an imperative public necessity that the
1-57     constitutional rule requiring bills to be read on three several
1-58     days in each house be suspended, and this rule is hereby suspended.
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