By:  Delisi, Homer, Pena (Senate Sponsor - Harris)                H.B. No. 716
	(In the Senate - Received from the House May 2, 2003; 
May 6, 2003, read first time and referred to Committee on Criminal 
Justice; May 22, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 7, Nays 0; 
May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 716                                    By:  Ellis


A BILL TO BE ENTITLED

AN ACT


relating to the punishment for assaults committed against certain 
sports participants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (c) and (e), Section 22.01, Penal 
Code, are amended to read as follows:
	(c)  An offense under Subsections (a)(2) or (3) is a Class C 
misdemeanor, except that the [an] offense [under Subsection (a)(3)] 
is:
		(1)  a Class A misdemeanor if the offense is [was] 
committed under Subsection (a)(3) against an elderly individual or 
disabled individual, as those terms are defined by Section 22.04; 
or
		(2)  a Class B misdemeanor if the offense is committed 
by a person who is not a sports participant against a person the 
actor knows is a sports participant either:
			(A)  while the participant is performing duties or 
responsibilities in the participant's capacity as a sports 
participant; or
			(B)  in retaliation for or on account of the 
participant's performance of a duty or responsibility within the 
participant's capacity as a sports participant.
	(e)  In this section:                                                          
		(1)  "Family" has the meaning assigned by Section 
71.003, Family Code.      
		(2)  "Household" has the meaning assigned by Section 
71.005, Family Code.   
		(3)  "Sports participant" means a person who 
participates in any official capacity with respect to an 
interscholastic, intercollegiate, or other organized amateur or 
professional athletic competition and includes an athlete, 
referee, umpire, linesman, coach, instructor, administrator, or 
staff member.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.
	SECTION 3.  This Act takes effect September 1, 2003.                           



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