BILL ANALYSIS

 

 

 

C.S.H.B. 3539

By: Landgraf

Criminal Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that the penalty for assault against a pregnant woman is too lenient given the severity of the crime. C.S.H.B. 3539 seeks to address this issue by enhancing the penalty for assault committed against a person the actor knows or should have known is pregnant at the time of the offense.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 3539 amends the Penal Code to enhance the penalty for assault in which the actor intentionally, knowingly, or recklessly causes bodily injury to another from a Class A misdemeanor to a third degree felony if the offense is committed against a person the actor knows or should have known is pregnant at the time of the offense.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 3539 differs from the original only by amending the caption.