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A BILL TO BE ENTITLED
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AN ACT
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relating to enhanced penalties for assault of a health care |
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services provider or a mental health services provider. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01(b), Penal Code, is amended to read |
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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 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; |
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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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(6) a person the actor knows is a health care services |
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provider while the person is providing health care services; or |
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(7) a person the actor knows is a mental health |
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services provider while the person is providing mental health |
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services. |
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SECTION 2. Section 22.01, Penal Code, is amended by adding |
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Subsection (d-1) to read as follows: |
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(d-1) For purposes of Subsection (b), the actor is presumed |
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to have known the person assaulted was a health care services |
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provider or a mental health services provider if the person was |
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wearing a conspicuous badge or name tag or distinctive clothing |
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that would identify the person as a health care services provider or |
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a mental health services provider. |
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SECTION 3. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (2) to read as follows: |
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(2) "Health care services provider" and "mental health |
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services provider" have the meanings assigned by Section 22.011. |
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SECTION 4. 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 was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2009. |