By Giddings                                            H.B. No. 401
         77R1652 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment of certain individuals convicted of
 1-3     offenses involving domestic violence.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 22.01(b), Penal Code, is amended to read
 1-6     as follows:
 1-7           (b)  An offense under Subsection (a)(1) is a Class A
 1-8     misdemeanor, except that the offense is a felony of the third
 1-9     degree if the offense is committed against:
1-10                 (1)  a person the actor knows is a public servant while
1-11     the public servant is lawfully discharging an official duty, or in
1-12     retaliation or on account of an exercise of official power or
1-13     performance of an official duty as a public servant; or
1-14                 (2)  a member of the defendant's family or household,
1-15     if it is shown on the trial of the offense that the defendant has
1-16     been previously convicted of an offense against a member of the
1-17     defendant's family or household under this section, Section 22.02,
1-18     or under the law of another state or the Uniform Code of Military
1-19     Justice for an offense containing elements that are substantially
1-20     similar to the elements of an offense under this section or Section
1-21     22.02.
1-22           SECTION 2. Section 22.01(e), Penal Code, is amended by adding
1-23     Subdivision (3) to read as follows:
1-24                 (3)  "Member of the defendant's household" includes a
 2-1     person who previously lived in the defendant's household.
 2-2           SECTION 3. Article 42.12, Code of Criminal Procedure, is
 2-3     amended by adding Section 13E to read as follows:
 2-4           Sec. 13E.  MANDATORY CONFINEMENT FOR CERTAIN DOMESTIC
 2-5     VIOLENCE OFFENSES. A judge granting community supervision to a
 2-6     defendant punished under Section 22.01(b)(2), Penal Code, shall
 2-7     require as a condition of community supervision that the defendant
 2-8     submit to not less than 120 days of confinement in county jail.
 2-9           SECTION 4. (a)  The change in law made by this Act applies
2-10     only to an offense committed on or after the effective date of this
2-11     Act.  For purposes of this section, an offense is committed before
2-12     the effective date of this Act if any element of the offense occurs
2-13     before the effective date.
2-14           (b)  An offense committed before the effective date of this
2-15     Act is covered by the law in effect when the offense was committed,
2-16     and the former law is continued in effect for that purpose.
2-17           SECTION 5. This Act takes effect September 1, 2001.