BILL ANALYSIS

H.B. 27

By: Canales

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that state law provides a penalty enhancement for certain assaultive offenses committed against a number of public servants. Concerns have been raised that this enhancement is not applicable to and does not provide the extra protection for federal law enforcement officers. H.B. 27 seeks to apply that penalty enhancement to the applicable assaultive offenses committed against a federal law enforcement officer while the officer is lawfully discharging an official duty.

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

H.B. 27 amends the Penal Code to enhance from a Class A misdemeanor to a third degree felony the penalty for an assault offense involving intentionally, knowingly, or recklessly causing bodily injury to another, including the person's spouse, and to enhance from a second degree felony to a first degree felony the penalty for an aggravated assault offense if either offense is committed against a person the actor knows is a federal law enforcement officer while the officer 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 federal law enforcement officer.

EFFECTIVE DATE

September 1, 2019.