82R9188 AJZ-D
 
  By: Bonnen H.B. No. 3522
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for aggravated assault of emergency
  services personnel; imposing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.02(b), (c), and (d), Penal Code, are
  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
  servant;
                     (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
                     (E)  against a person the actor knows is emergency
  services personnel while the person is providing emergency
  services; 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.
         (c)  The actor is presumed to have known the person assaulted
  was a public servant, [or] a security officer, or emergency
  services personnel if the person was wearing a distinctive uniform
  or badge indicating the person's employment as a public servant or
  status as a security officer or emergency services personnel.
         (d)  In this section:
               (1)  "Emergency services personnel" has the meaning
  assigned by Section 22.01.
               (2)  "Security officer" [, "security officer"] means a
  commissioned security officer as defined by Section 1702.002,
  Occupations Code, or a noncommissioned security officer registered
  under Section 1702.221, Occupations Code.
         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
  governed 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 was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2011.