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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of certain assaults committed against |
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employees of primary and secondary schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01, Penal Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (d-1) and |
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(d-2) 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 by Section 51.02(13) or (14), Family Code, or an employee |
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of 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) an employee of a public or private primary or |
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secondary school while the employee is engaged in performing duties |
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within the scope of employment or in retaliation for or on account |
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of the employee's performance of a duty within the scope of |
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employment. |
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(d) For purposes of Subsections (b)(1) and (4) [Subsection
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(b)], the actor is presumed to have known the person assaulted was a |
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public servant or a security officer if the person was wearing a |
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distinctive uniform or badge indicating the person's employment as |
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a public servant or status as a security officer. For purposes of |
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Subsection (b)(5), the actor is presumed to have known that the |
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person assaulted was a school employee if the actor was a student |
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enrolled in or the parent or guardian of a student enrolled in the |
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school at which the person assaulted was employed. |
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(d-1) For the purposes of Subsection (b)(5), it is |
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irrelevant that the offense occurred off school premises or at a |
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time at which school was not in session. |
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SECTION 2. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |