79R146 KCR-F

By:  Riddle                                                       H.B. No. 94 



A BILL TO BE ENTITLED

AN ACT

relating to the punishment imposed on certain defendants charged 
with the offense of assault.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.01(b), Penal Code, as amended by 
Section 1, Chapter 294, and Section 1, Chapter 1019, Acts of the 
78th Legislature, Regular Session, 2003, is reenacted and 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;
		(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[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 under this chapter 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
[member of the defendant's family or household under this section]; 
[or]
		(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[;] Section 51.02(13) or (14), Family Code[; or Section 
51.02(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)  [.  (3)]  a person the actor knows is a security 
officer while the officer is performing a duty as a security 
officer.
	SECTION 2.  Section 22.01(f), Penal Code, is amended to read 
as follows:     
	(f)  For the purposes of this section, a defendant has been 
previously convicted of an offense under this chapter 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,
[member of the defendant's family or a member of the defendant's 
household under this section] if the defendant was adjudged guilty 
of the offense or entered a plea of guilty or nolo contendere in 
return for a grant of deferred adjudication, regardless of whether 
the sentence for the offense was ever imposed or whether the 
sentence was probated and the defendant was subsequently discharged 
from community supervision.
	SECTION 3.  Sections 22.01(e)(1) and (2), Penal Code, are 
repealed.          
	SECTION 4.  This Act takes effect September 1, 2005.                           
	SECTION 5.  The change in law made by this Act applies only 
to an offense committed on or after September 1, 2005. An offense 
committed before September 1, 2005, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this section, an 
offense was committed before September 1, 2005, if any element of 
the offense occurred before that date.