By: Watson S.B. No. 295

(In the Senate - Filed December 22, 2010; January 31, 2011, read first time and referred to Committee on Transportation and Homeland Security; April 4, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 4, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 295 By: Watson

A BILL TO BE ENTITLED

AN ACT

relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault committed against a person providing emergency services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (b), Section 22.01, Penal Code, is amended 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, 21.11, or 25.11 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; or

(6) a person the actor knows is emergency room personnel while the person is providing emergency services.

SECTION 2. Subsection (e), Section 22.01, Penal Code, is amended to read as follows:

(e) In this section:

(1) "Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

(2) [(3)] "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.

(3) [(4)] "Sports participant" means a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

(4) "Emergency room personnel" means a person in a hospital emergency department who, in the course and scope of employment or as a volunteer, provides services for the benefit of the general public during emergency situations, and has received training in de-escalation and crisis intervention techniques to facilitate interaction with patients and the public, including those with mental impairments.

SECTION 3. This Act takes effect September 1, 2011.

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