78R8779 JTS-F


By:  Haggerty                                                     H.B. No. 565



A BILL TO BE ENTITLED

AN ACT

relating to the punishments for the offenses of assault and 
aggravated assault committed against a security officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 22.01(b) and (d), Penal Code, are 
amended to read as follows:
	(b)  An offense under Subsection (a)(1) is a Class A 
misdemeanor, except that the offense is a felony of the third degree 
if the offense is committed against:
		(1)  a person the actor knows is a public servant while 
the public servant is lawfully discharging an official duty, or in 
retaliation or on account of an exercise of official power or 
performance of an official duty as a public servant; [or]
		(2)  a member of the defendant's family or household, if 
it is shown on the trial of the offense that the defendant has been 
previously convicted of an offense against a member of the 
defendant's family or household under this section; or
		(3)  a person the actor knows is a security officer 
while the officer is performing a duty as a security officer.
	(d)  For purposes of Subsection (b), the actor is presumed to 
have known the person assaulted was a public servant or a security 
officer if the person was wearing a distinctive uniform or badge 
indicating the person's employment as a public servant or status as 
a security officer.
	SECTION 2.  Section 22.01(e), Penal Code, is amended by 
adding Subdivision (3) to read as follows:
		(3)  "Security officer" means a commissioned security 
officer as defined by Section 1702.002, Occupations Code, or a 
noncommissioned security officer registered under Section 
1702.221, Occupations Code.
	SECTION 3.  Section 22.02, Penal Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (d) to read 
as follows:
	(b)  An offense under this section is a felony of the second 
degree, except that the offense is a felony of the first degree if 
the offense is committed:
		(1)  by a public servant acting under color of the 
servant's office or employment;
		(2)  against a person the actor knows is a public 
servant while the public servant is lawfully discharging an 
official duty, or in retaliation or on account of an exercise of 
official power or performance of an official duty as a public 
servant; [or]
		(3)  in retaliation against or on account of the 
service of another as a witness, prospective witness, informant, or 
person who has reported the occurrence of a crime; or
		(4)  against a person the actor knows is a security 
officer while the officer is performing a duty as a security 
officer.
	(c)  The actor is presumed to have known the person assaulted 
was a public servant or a security officer if the person was wearing 
a distinctive uniform or badge indicating the person's employment 
as a public servant or status as a security officer.
	(d)  In this section, "security officer" means a 
commissioned security officer as defined by Section 1702.002, 
Occupations Code, or a noncommissioned security officer registered 
under Section 1702.221, Occupations Code.
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to an offense committed on or after that date.  An 
offense committed before the effective date of this Act is covered 
by the law in effect when the offense was committed, and the former 
law is continued in effect for that purpose.  For purposes of this 
section, an offense was committed before the effective date of this 
Act if any element of the offense occurred before that date.