C.S.H.B. 565 78(R)    BILL ANALYSIS


C.S.H.B. 565
By: Haggerty
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In the course of employment, security officers often undertake risks
similar to those taken by police officers.  However, while current law
enhances penalties for certain crimes against public servants, it does not
similarly enhance penalties for those crimes when committed against a
security officer. C.S.H.B. 565 increases punishment for assault and
aggravated assault upon security officers in the same manner that current
law enhances punishment for those crimes when committed against public
servants. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 565 amends the Penal Code to increase the punishments for assault
and aggravated assault against a commissioned security officer.  The bill
defines "security officer" as a commissioned security officer defined by
the Occupations Code or a noncommissioned security officer registered
under Section 1702.221 of the Occupations Code.   

Paralleling the existing law regarding assaultive offenses against public
servants, the bill requires an offender to know that his victim is a
security officer; this knowledge is presumed if the officer was wearing a
uniform or badge.  Also, the offense must have occurred in the course of
the officer's duties.   

Under C.S.H.B. 565, offenses against security officers fulfilling these
additional elements are punishable within the next-highest offense
category.  The bill provides that an assault under Section 22.01 of the
Penal Code is punishable as a third degree felony, rather than a Class A
misdemeanor; an aggravated assault under Section 22.02 of the Penal Code
is punishable as a first degree felony, rather than a second degree
felony. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 565 modifies the original by defining "security officer" to
include both commissioned security officers defined by the Occupations
Code and noncommissioned security officers registered under Section
1702.221 of the Occupations Code.  The original defined "commissioned
security officer" as the meaning under the Occupations Code.  The
substitute replaces  "commissioned security officer" with "security
officer" where mentioned in the bill.