By: King of Taylor, Riddle H.B. No. 176
        (Senate Sponsor - Seliger)
         (In the Senate - Received from the House May 14, 2009;
  May 15, 2009, read first time and referred to Committee on Criminal
  Justice; May 22, 2009, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 22, 2009, sent to printer.)
  relating to the punishment for the offense of aggravated assault.
         SECTION 1.  This Act shall be known as the Janie Lynn Delapaz
         SECTION 2.  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 a
  person whose relationship to or association with the defendant is
  described by Section 71.0021(b), 71.003, or 71.005, Family Code;
               (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
                     (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; or
               (3)  the actor is in a motor vehicle, as defined by
  Section 501.002, Transportation Code, and:
                     (A)  knowingly discharges a firearm at or in the
  direction of a habitation, building, or vehicle;
                     (B)  is reckless as to whether the habitation,
  building, or vehicle is occupied; and
                     (C)  in discharging the firearm, causes serious
  bodily injury to any person.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  was committed before that date.
         SECTION 4.  This Act takes effect September 1, 2009.
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