79S30015 BDH-D
By: Bohac H.B. No. 19
A BILL TO BE ENTITLED
AN ACT
relating to the punishment of certain assaults committed against
employees of primary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections (d-1)
and (d-2) 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;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against
a person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14)[, Penal
Code,] or by Section 51.02(13) or (14), Family Code, 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; [or]
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer; or
(5) an employee of a public or private primary or
secondary school while the employee is engaged in performing duties
within the scope of employment or in retaliation for or on account
of the employee's performance of a duty within the scope of
employment.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor with a minimum term of
confinement of 10 days if the offense is committed under Subsection
(a)(2), and a Class B misdemeanor with a minimum term of confinement
of 10 days if the offense is committed under Subsection (a)(3),
against an employee of a public or private primary or secondary
school while the employee is engaged in performing duties within
the scope of employment or in retaliation for or on account of the
employee's performance of a duty within the scope of employment;
(2) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; or
(3) [(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.
(d) For purposes of Subsection (b)(1) [(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. For purposes of Subsections (b)(5)
and (c)(1), the actor is presumed to have known that the person
assaulted was a school employee if the actor was a student enrolled
in or the parent or guardian of a student enrolled in the school at
which the person assaulted was employed.
(d-1) For the purposes of Subsection (b)(5) or (c)(1), it is
irrelevant that the offense occurred off school premises or at a
time at which school was not in session.
(d-2) The increase in punishment provided by Subsections
(b)(5) and (c)(1) does not apply if the actor is a student enrolled
in a special education program under Subchapter A, Chapter 29,
Education Code.
SECTION 2. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (j) to read as follows:
(j) If a judge grants community supervision to a defendant
convicted of an offense for which punishment is increased under
Subsection (b)(5) or (c)(1), Section 22.01, Penal Code, the judge
shall require as a condition of community supervision that the
defendant submit to not less than 10 days confinement in county
jail.
SECTION 3. 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 was committed before that
date.
SECTION 4. This Act takes effect September 1, 2006.