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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing penalties for assaulting a family member by |
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strangulation or suffocation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01, Penal Code, is amended by |
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amending Subsections (b) and (f) and adding Subsections (b-1) and |
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(g) 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, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against |
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a 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, Family Code; or |
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(B) the offense is committed by impeding the |
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normal breathing or circulation of the blood of the person by |
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applying pressure to the person's throat or neck or by blocking the |
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person's nose or mouth; |
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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; |
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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; or |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services. |
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(b-1) Notwithstanding Subsection (b)(2), an offense under |
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Subsection (a)(1) is a felony of the second degree if: |
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(1) the offense is committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(2) it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under this |
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chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against 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, Family Code; |
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and |
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(3) the offense is committed by impeding the normal |
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breathing or circulation of the blood of the person by applying |
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pressure to the person's throat or neck or by blocking the person's |
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nose or mouth. |
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(f) For the purposes of Subsections (b)(2)(A) and (b-1)(2) |
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[Subsection (b)(2)]: |
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(1) a defendant has been previously convicted of an |
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offense listed in those subsections [Subsection (b)(2)] committed |
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against a person whose relationship to or association with the |
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defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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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 those subsections [Subsection
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(b)(2)] is a conviction of the [an] offense listed [in Subsection
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(b)(2)]. |
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(g) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |