S.B. No. 91
AN ACT
relating to the arrest and punishment of persons for certain
violent offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 22.01, 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, 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
[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. Subsection (f), Section 22.01, Penal Code, is
amended to read as follows:
(f) For the purposes of Subsection (b)(2):
(1) [this section,] a defendant has been previously
convicted of an offense listed in Subsection (b)(2) committed
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; and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed in Subsection (b)(2) is a conviction
of an offense listed in Subsection (b)(2).
SECTION 3. Subsection (b), Section 22.02, 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 a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code; 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 4. Subsection (a), Article 14.03, Code of Criminal
Procedure, as amended by Section 2, Chapter 460, Section 2, Chapter
836, Section 1, Chapter 989, and Section 2, Chapter 1164, Acts of
the 78th Legislature, Regular Session, 2003, is reenacted and
amended to read as follows:
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause
to believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause
to believe have committed an offense defined by Section 25.07,
Penal Code (violation of Protective Order), or by Section 38.112,
Penal Code (violation of Protective Order issued on basis of sexual
assault), if the offense is not committed in the presence of the
peace officer; [or]
(4) persons who the peace officer has probable cause
to believe have committed an offense involving family violence;
[assault resulting in bodily injury to a member of the person's
family or household; or]
(5) persons who the peace officer has probable cause
to believe have prevented or interfered with an individual's
ability to place a telephone call in an emergency, as defined by
Section 42.062(d), Penal Code, if the offense is not committed in
the presence of the peace officer; or[.]
(6) [(5)] a person who makes a statement to the peace
officer that would be admissible against the person under Article
38.21 and establishes probable cause to believe that the person has
committed a felony.
SECTION 5. Subsections (c) and (f), Article 14.03, Code of
Criminal Procedure, are amended to read as follows:
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an offense
involving family violence [assault against a member of the family
or household], a peace officer shall remain at the scene of the
investigation to verify the allegation and to prevent the further
commission of the violation or of family violence.
(f) In this article, "family violence" has ["family,"
"household," and "member of a household" have] the meaning
[meanings] assigned [to those terms] by Section 71.004 [Chapter
71], Family Code.
SECTION 6. Subdivisions (1) and (2), Subsection (e),
Section 22.01, Penal Code, are repealed.
SECTION 7. 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.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 91 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 91 passed the House, with
amendments, on May 20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor