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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 persons who commit the |
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offense of assault or aggravated assault. |
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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 (f), 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, or 71.006, Family Code, if it is shown on the trial of the |
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offense that the defendant has been previously convicted of an |
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offense under this chapter, Chapter 19, or Section 20.03, 20.04, or |
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21.11 against 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, or 71.006, 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. |
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(f) For the purposes of Subsection (b)(2): |
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(1) a defendant has been previously convicted of an |
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offense listed in Subsection (b)(2) committed against a person |
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whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, [or] 71.005, or 71.006, |
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Family Code, if the defendant was adjudged guilty of the offense or |
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entered a plea of guilty or nolo contendere in return for a grant of |
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deferred adjudication, regardless of whether the sentence for the |
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offense was ever imposed or whether the sentence was probated and |
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the defendant was subsequently discharged from community |
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supervision; and |
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(2) a conviction under the laws of another state for an |
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offense containing elements that are substantially similar to the |
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elements of an offense listed in Subsection (b)(2) is a conviction |
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of an offense listed in Subsection (b)(2). |
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SECTION 2. 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 a |
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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, or 71.006, |
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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 3. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2007. An offense |
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committed before September 1, 2007, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For the purposes of this section, an |
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offense was committed before September 1, 2007, if any element of |
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the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |