By Reyna of Bexar, Menendez, Villarreal H.B. No. 1554
77R6246 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment of the offense of assault.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 22.01(b) and (f), Penal Code, are amended
1-5 to read as follows:
1-6 (b) An offense under Subsection (a)(1) is a Class A
1-7 misdemeanor, except that the offense is a felony of the third
1-8 degree if the offense is committed against:
1-9 (1) a person the actor knows is a public servant while
1-10 the public servant is lawfully discharging an official duty, or in
1-11 retaliation or on account of an exercise of official power or
1-12 performance of an official duty as a public servant; or
1-13 (2) a member of the defendant's family or household,
1-14 if it is shown on the trial of the offense that the defendant has
1-15 been previously convicted of an offense against a member of the
1-16 defendant's family or household under:
1-17 (A) this section;
1-18 (B) Chapter 19;
1-19 (C) Section 20.03 or 20.04;
1-20 (D) Section 21.11; or
1-21 (E) Section 22.011, 22.02, 22.021, 22.04,
1-22 22.041, 22.05, or 22.07.
1-23 (f) For the purposes of this section, a defendant has been
1-24 previously convicted of an offense listed in Subsection (b)(2)
2-1 committed against a member of the defendant's family or a member of
2-2 the defendant's household [under this section] if the defendant was
2-3 adjudged guilty of the offense or entered a plea of guilty or nolo
2-4 contendere in return for a grant of deferred adjudication,
2-5 regardless of whether the sentence for the offense was ever imposed
2-6 or whether the sentence was probated and the defendant was
2-7 subsequently discharged from community supervision.
2-8 SECTION 2. (a) The change in law made by this Act applies
2-9 only to an offense committed on or after the effective date of this
2-10 Act. For purposes of this section, an offense is committed before
2-11 the effective date of this Act if any element of the offense occurs
2-12 before the effective date.
2-13 (b) An offense committed before the effective date of this
2-14 Act is covered by the law in effect when the offense was committed,
2-15 and the former law is continued in effect for that purpose.
2-16 SECTION 3. This Act takes effect September 1, 2001.