79R8089 KCR-D


By:  Hinojosa, et al.                                             S.B. No. 91 

Substitute the following for S.B. No. 91:                                     

By:  Keel                                                     C.S.S.B. No. 91 



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 Subsection (b)(2):                             
		(1) [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; 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 under this chapter is a conviction of an 
offense under this chapter.
	SECTION 3.  Sections 22.01(e)(1) and (2), Penal Code, are 
repealed.          
	SECTION 4.  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 5.  This Act takes effect September 1, 2005.