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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for assault or |
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aggravated assault of a federal law enforcement officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.01(b) and (d), Penal Code, are |
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amended 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; |
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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) a pregnant individual to force the individual to |
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have an abortion; or |
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(7) a person the actor knows is a federal law |
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enforcement officer while the officer 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 federal law |
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enforcement officer. |
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(d) For purposes of Subsection (b), the actor is presumed to |
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have known the person assaulted was a public servant, a federal law |
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enforcement officer, a security officer, or emergency services |
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personnel if the person was wearing a distinctive uniform or badge |
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indicating the person's employment as a public servant or federal |
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law enforcement officer or status as a security officer or |
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emergency services personnel. |
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SECTION 2. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (2) to read as follows: |
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(2) "Federal law enforcement officer" means any |
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officer, agent, or employee of the United States authorized by |
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federal law or by an agency of the federal government to engage in |
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or supervise the prevention, detection, or investigation of any |
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violation of federal criminal law. |
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SECTION 3. Sections 22.02(b), (c), and (d), Penal Code, are |
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amended to read 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 the actor knows is a federal |
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law enforcement officer while the officer is lawfully discharging |
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an 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 federal law |
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enforcement officer; 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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(c) The actor is presumed to have known the person assaulted |
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was a public servant, a federal law enforcement officer, or a |
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security officer if the person was wearing a distinctive uniform or |
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badge indicating the person's employment as a public servant or |
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federal law enforcement officer or status as a security officer. |
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(d) In this section, "federal law enforcement officer" and |
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"security officer" have the meanings assigned by Section 22.01 |
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[means a commissioned security officer as defined by Section
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1702.002, Occupations Code, or a noncommissioned security officer
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registered under Section 1702.221, Occupations Code]. |
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SECTION 4. 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 5. This Act takes effect September 1, 2019. |