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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of the offense of aggravated assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.02(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if: |
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(1) the actor uses a deadly weapon during the |
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commission of the assault and causes serious bodily injury to |
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another, including the person's spouse [a person whose relationship
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to or association with the defendant is described by Section
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71.0021(b), 71.003, or 71.005, Family Code]; or |
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(2) regardless of whether the offense is committed |
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under Subsection (a)(1) or (a)(2), the offense is committed: |
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(A) by a public servant acting under color of the |
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servant's office or employment; |
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(B) against a person the actor knows is a public |
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servant while the public servant is lawfully discharging an |
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official duty, or in retaliation or on account of an exercise of |
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official power or performance of an official duty as a public |
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servant; |
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(C) in retaliation against or on account of the |
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service of another as a witness, prospective witness, informant, or |
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person who has reported the occurrence of a crime; or |
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(D) against a person the actor knows is a |
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security officer while the officer is performing a duty as a |
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security officer. |
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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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For the purposes of this section, an offense was committed before |
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the effective date of this Act if any element of the offense |
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occurred before that date. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |