79(R) HB 527 - House Committee Report version


                                                                                
79R2553 BDH-D


By:  Bohac, Herrero, Luna,                                        H.B. No. 527
 
    Gonzalez Toureilles, Edwards, et al.                                     



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(b), Penal Code, as amended by 
Chapters 294 and 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 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 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;
		(4) [(3)]  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.
	SECTION 2.  Section 22.01, Penal Code, is amended by 
amending Subsections (c) and (d) and adding Subsections (d-1)  and 
(d-2) to read as follows:
	(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 3.  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 4.  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 5.  This Act takes effect September 1, 2005.