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  80R7436 KCR-D
 
  By: Talton H.B. No. 1812
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the punishment of the offense of aggravated assault.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 22.02(b), Penal Code, is amended to read
as follows:
       (b)  An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
             (1)  the actor uses a deadly weapon during the
commission of the assault and causes serious bodily injury to
another, including the person's spouse [a person whose relationship
to or association with the defendant is described by Section
71.0021(b), 71.003, or 71.005, Family Code]; or
             (2)  regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
                   (A)  by a public servant acting under color of the
servant's office or employment;
                   (B)  against 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;
                   (C)  in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or
                   (D)  against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer.
       SECTION 2.  The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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. An offense committed before the
effective date of this Act is governed by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.