By: Ellis (Senate Sponsor - Whitmire) H.B. No. 2525
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Criminal
Justice; May 24, 2003, reported favorably, as amended, by the
following vote: Yeas 4, Nays 0; May 24, 2003, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Whitmire
Amend HB 2525 (Engrossed version) as follows:
On page , line , after word "service "insert "in a facility as
defined by Section 1.07 (a)(14), Penal Code; Section 51.02 (13),
Family Code; or Section 51.02 (14), Family Code".
A BILL TO BE ENTITLED
AN ACT
relating to the punishment of certain assaults committed against
persons who contract with government and employees of those
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01(b), Penal Code, is 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 who contracts with government to perform
a service or an employee of that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) 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.
SECTION 3. This Act takes effect September 1, 2003.
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