H.B. No. 2066 |
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relating to enhancing penalties for assaulting a family member by | ||
strangulation or suffocation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.01, Penal Code, is amended by | ||
amending Subsections (b) and (f) and adding Subsections (b-1) and | ||
(g) to read as follows: | ||
(b) An offense under Subsection (a)(1) is a Class A | ||
misdemeanor, except that the offense is a felony of the third degree | ||
if the offense is committed against: | ||
(1) 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; | ||
(2) a person whose relationship to or association with | ||
the defendant is described by Section 71.0021(b), 71.003, or | ||
71.005, Family Code, if: | ||
(A) it is shown on the trial of the offense that | ||
the defendant has been previously convicted of an offense under | ||
this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against | ||
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 | ||
(B) the offense is committed by intentionally, | ||
knowingly, or recklessly impeding the normal breathing or | ||
circulation of the blood of the person by applying pressure to the | ||
person's throat or neck or by blocking the person's nose or mouth; | ||
(3) a person who contracts with government to perform | ||
a service in a facility as defined by Section 1.07(a)(14), Penal | ||
Code, or Section 51.02(13) or (14), Family Code, or an employee of | ||
that person: | ||
(A) while the person or employee is engaged in | ||
performing a service within the scope of the contract, if the actor | ||
knows the person or employee is authorized by government to provide | ||
the service; or | ||
(B) in retaliation for or on account of the | ||
person's or employee's performance of a service within the scope of | ||
the contract; | ||
(4) a person the actor knows is a security officer | ||
while the officer is performing a duty as a security officer; or | ||
(5) a person the actor knows is emergency services | ||
personnel while the person is providing emergency services. | ||
(b-1) Notwithstanding Subsection (b)(2), an offense under | ||
Subsection (a)(1) is a felony of the second degree if: | ||
(1) the offense is committed against 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) it is shown on the trial of the offense that the | ||
defendant has been previously convicted of an offense under this | ||
chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a | ||
person whose relationship to or association with the defendant is | ||
described by Section 71.0021(b), 71.003, or 71.005, Family Code; | ||
and | ||
(3) the offense is committed by intentionally, | ||
knowingly, or recklessly impeding the normal breathing or | ||
circulation of the blood of the person by applying pressure to the | ||
person's throat or neck or by blocking the person's nose or mouth. | ||
(f) For the purposes of Subsections (b)(2)(A) and (b-1)(2) | ||
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(1) a defendant has been previously convicted of an | ||
offense listed in those subsections [ |
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against a person whose relationship to or association with the | ||
defendant is described by Section 71.0021(b), 71.003, or 71.005, | ||
Family Code, if the defendant was adjudged guilty of the offense or | ||
entered a plea of guilty or nolo contendere in return for a grant of | ||
deferred adjudication, regardless of whether the sentence for the | ||
offense was ever imposed or whether the sentence was probated and | ||
the defendant was subsequently discharged from community | ||
supervision; and | ||
(2) a conviction under the laws of another state for an | ||
offense containing elements that are substantially similar to the | ||
elements of an offense listed in those subsections [ |
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(g) If conduct constituting an offense under this section | ||
also constitutes an offense under another section of this code, the | ||
actor may be prosecuted under either section or both sections. | ||
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. | ||
An offense committed before the effective date of this Act is | ||
covered by the law in effect when the offense was committed, 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 occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2009. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2066 was passed by the House on April | ||
24, 2009, by the following vote: Yeas 111, Nays 26, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2066 on May 25, 2009, by the following vote: Yeas 141, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2066 was passed by the Senate, with | ||
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |