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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing criminal penalties for certain family |
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violence offenses committed when a child is or may be present during |
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the commission of the offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01(b-2), Penal Code, as added by |
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Chapter 34 (S.B. 1576), Acts of the 85th Legislature, Regular |
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Session, 2017, is redesignated as Section 22.01(b-3), Penal Code, |
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to read as follows: |
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(b-3) [(b-2)] Notwithstanding Subsection (b)(2), an |
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offense under Subsection (a)(1) is a felony of the second degree if: |
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(1) the offense is committed against a person whose |
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relationship to or association with the defendant is described by |
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Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(2) it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under this |
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chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a |
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person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
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and |
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(3) 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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SECTION 2. Section 22.01, Penal Code, is amended by adding |
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Subsection (b-4) and amending Subsection (f) to read as follows: |
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(b-4) Notwithstanding Subsection (b), unless the conduct is |
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punishable under Subsection (b)(2) or (b-3), an offense under |
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Subsection (a)(1) is a state jail felony if the offense is committed |
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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, and: |
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(1) the offense is committed in the physical presence |
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of another person who is younger than 18 years of age; or |
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(2) at the time of the offense, the actor has reason to |
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believe that a person who is younger than 18 years of age is present |
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and may see or hear the offense. |
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(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2) |
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[(b-2)(2)]: |
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(1) a defendant has been previously convicted of an |
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offense listed in those subsections committed against a person |
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whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code, if |
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the defendant was adjudged guilty of the offense or entered a plea |
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of guilty or nolo contendere in return for a grant of deferred |
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adjudication, regardless of whether the sentence for the offense |
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was ever imposed or whether the sentence was probated and the |
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defendant was subsequently discharged from community supervision; |
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and |
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(2) a conviction under the laws of another state for an |
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offense containing elements that are substantially similar to the |
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elements of an offense listed in those subsections is a conviction |
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of the offense listed. |
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SECTION 3. Section 22.02(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if: |
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(1) the actor uses a deadly weapon during the |
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commission of the assault and causes serious bodily injury to a |
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person whose relationship to or association with the defendant is |
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described by Section 71.0021(b), 71.003, or 71.005, Family Code; |
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(2) regardless of whether the offense is committed |
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under Subsection (a)(1) or (a)(2), the offense is committed: |
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(A) by a public servant acting under color of the |
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servant's office or employment; |
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(B) against a person the actor knows is a public |
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servant while the public servant is lawfully discharging an |
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official duty, or in retaliation or on account of an exercise of |
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official power or performance of an official duty as a public |
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servant; |
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(C) in retaliation against or on account of the |
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service of another as a witness, prospective witness, informant, or |
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person who has reported the occurrence of a crime; [or] |
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(D) against a person the actor knows is a |
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security officer while the officer is performing a duty as a |
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security officer; or |
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(E) against a person whose relationship to or |
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association with the defendant is described by Section 71.0021(b), |
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71.003, or 71.005, Family Code, and: |
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(i) the offense is committed in the |
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physical presence of another person who is younger than 18 years of |
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age; or |
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(ii) at the time of the offense, the actor |
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has reason to believe that a person who is younger than 18 years of |
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age is present and may see or hear the offense; or |
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(3) the actor is in a motor vehicle, as defined by |
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Section 501.002, Transportation Code, and: |
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(A) knowingly discharges a firearm at or in the |
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direction of a habitation, building, or vehicle; |
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(B) is reckless as to whether the habitation, |
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building, or vehicle is occupied; and |
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(C) in discharging the firearm, causes serious |
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bodily injury to any person. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2019. |