79R3735 KEL-D

By:  Farabee                                                      H.B. No. 862



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of assault.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 22.01(c) and (d), Penal Code, are 
amended 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 felony of the third degree if:                                  
			(A)  the offense is committed under Subsection 
(a)(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; and
			(B)  the actor uses or exhibits a stun gun during 
the commission of the offense;
		(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 Subsections [Subsection] (b) and (c), 
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.
	SECTION 2.  Section 22.01(e), Penal Code, is amended by 
adding Subdivision (5) to read as follows:
		(5)  "Stun gun" means a device that is intended, 
designed, made, or adapted to immobilize a person by inflicting an 
electrical charge.
	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, 2005.