By:  Hinojosa, Ellis                                              S.B. No. 91 
	(In the Senate - Filed November 15, 2004; January 31, 2005, 
read first time and referred to Committee on Criminal Justice; 
April 7, 2005, reported favorably by the following vote:  Yeas 7, 
Nays 0; April 7, 2005, sent to printer.)


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.  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 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 (e), Section 22.01, Penal Code, as 
amended by Section 2, Chapter 1019, and Section 1, Chapter 1028, 
Acts of the 78th Legislature, Regular Session, 2003, is reenacted 
and amended to read as follows:
	(e)  In this section:                                                          
		(1)  ["Family" has the meaning assigned by Section 
71.003, Family Code.
		[(2)  "Household" has the meaning assigned by Section 
71.005, Family Code.
		[(3)]  "Security officer" means a commissioned 
security officer as defined by Section 1702.002, Occupations Code, 
or a noncommissioned security officer registered under Section 
1702.221, Occupations Code.
		(2) [(3)]  "Sports participant" means a person who 
participates in any official capacity with respect to an 
interscholastic, intercollegiate, or other organized amateur or 
professional athletic competition and includes an athlete, 
referee, umpire, linesman, coach, instructor, administrator, or 
staff member.
	SECTION 3.  Subsection (f), Section 22.01, Penal Code, is 
amended to read as follows:
	(f)  For the purposes of 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.
	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 the 
purposes of this section, an offense was committed before the 
effective date of this Act if any element of the offense occurred 
before that date.
	SECTION 5.  This Act takes effect September 1, 2005.                           



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