78R85 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 commissioned security 
officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 1.07, Penal Code, is amended by adding 
Subdivision (49) to read as follows:
		(49)  "Commissioned security officer" has the meaning 
assigned by Section 1702.002(5), Occupations Code.
	SECTION 2.  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 commissioned 
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 
commissioned 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 commissioned security officer.
	SECTION 3.  Sections 22.02(b) and (c), Penal Code, are 
amended 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 commissioned 
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 commissioned 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 commissioned 
security officer.
	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.