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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of certain assaults committed against |
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employees of primary and secondary schools. |
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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 (d) and adding Subsections (d-1) and |
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(d-2) 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, 21.11, or 25.11 |
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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; or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the 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; or |
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(6) an employee of a private or public primary or |
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secondary school, including an open-enrollment charter school: |
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(A) while the employee is engaged in performing |
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duties within the scope of employment; or |
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(B) in retaliation for or on account of the |
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employee's performance of a duty within the scope of employment. |
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(d) For purposes of Subsections (b)(1), (4), and (5) |
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[Subsection (b)], the actor is presumed to have known the person |
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assaulted was a public servant, a security officer, or emergency |
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services personnel if the person was wearing a distinctive uniform |
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or badge indicating the person's employment as a public servant or |
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status as a security officer or emergency services personnel. For |
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purposes of Subsection (b)(6), the actor is presumed to have known |
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that the person assaulted was a school employee if the actor was a |
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student enrolled in, or the parent or guardian of a student enrolled |
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in, the school that employed the person assaulted. |
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(d-1) The increase in punishment provided by Subsection |
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(b)(6) applies regardless of whether the offense occurred: |
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(1) off school premises; or |
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(2) at a time at which school was not in session. |
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(d-2) The increase in punishment provided by Subsection |
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(b)(6) does not apply if the actor is a student enrolled in a |
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special education program under Subchapter A, Chapter 29, Education |
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Code. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |