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AN ACT
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relating to the punishment for assault of emergency services |
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personnel; imposing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.01(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against |
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a person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(3) a person who contracts with government to perform |
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a service in a facility as defined by Section 1.07(a)(14), Penal |
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Code, or Section 51.02(13) or (14), Family Code, or an employee of |
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that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; [or] |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; or |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services. |
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(d) For purposes of Subsection (b), the actor is presumed to |
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have known the person assaulted was a public servant, [or] a |
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security officer, or emergency services personnel if the person was |
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wearing a distinctive uniform or badge indicating the person's |
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employment as a public servant or status as a security officer or |
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emergency services personnel. |
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SECTION 2. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (1) to read as follows: |
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(1) "Emergency services personnel" includes |
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firefighters, emergency medical services personnel as defined by |
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Section 773.003, Health and Safety Code, and other individuals who, |
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in the course and scope of employment or as a volunteer, provide |
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services for the benefit of the general public during emergency |
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situations. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 495 was passed by the House on April |
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12, 2007, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 495 on May 17, 2007, by the following vote: Yeas 146, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 495 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |