BILL ANALYSIS

Senate Research Center                                                                                                C.S.H.B. 495

80R10891 PEP-D                                                                                             By: Bonnen (Seliger)

Criminal Justice

5/5/2007

Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, assault causing bodily injury is a Class A misdemeanor, except that it is a third degree felony if it is committed against certain individuals, including public servants. However, the definition of "public servant" does not clearly include emergency services personnel who, in the course of their employment or as volunteers, respond to emergency situations.

C.S.H.B. 495 adds a new category of individuals, "emergency services personnel," against whom an assault causing bodily injury is a third degree felony.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 22.01(b) and (d), Penal Code, as follows:

(b) Provides that an offense under Subsection (a)(1) (relating to assault causing bodily injury) is a Class A misdemeanor, except that the offense is a third degree felony if the offense is committed against certain persons, including a person the actor knows is emergency services personnel while the person is providing emergency services.

(d) Makes conforming changes.

SECTION 2.  Amends Section 22.01(e), Penal Code, by adding Subdivision (1), to define "emergency services personnel."

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2007.