The bill would amend the Penal Code by making the assault of an employee of a public or private primary or secondary school while the employee is engaged in performing duties within the scope of employment or in retaliation for or on account of the employee’s performance of a duty within the scope of employment punishable as a felony of the third degree.  Such behavior would currently be punishable as a Class A misdemeanor. 

A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon correctional resources.  By enhancing the punishment of the offense from a misdemeanor to a felony, the child would be eligible for commitment to the Texas Youth Commission on the first offense.  However, the Texas Youth Commission and the Juvenile Probation Commission anticipate that the bill would result in only a few more children committed to TYC for assault of a school employee.  TYC anticipates that it is likely in most cases that the court would utilize community alternatives, particularly for a first offense.