79R2142 KEL-F


By:  Talton                                                       H.B. No. 360



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of aggravated assault.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.02(b), Penal Code, is 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:
		(1)  the actor uses a deadly weapon during the 
commission of the assault and causes serious bodily injury to 
another, including the person's spouse; or
		(2)  regardless of whether the offense is committed 
under Subsection (a)(1) or (a)(2), the offense is committed:
			(A) [(1)]  by a public servant acting under color 
of the servant's office or employment;
			(B) [(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;
			(C) [(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
			(D) [(4)]  against a person the actor knows is a 
security officer while the officer is performing a duty as a 
security officer.
	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 was committed before that 
date.
	SECTION 3.  This Act takes effect September 1, 2005.