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AN ACT
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relating to enhancing the punishment for certain conduct |
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constituting the criminal offense of aggravated assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Todd-Hogland Act. |
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SECTION 2. 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: |
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(A) serious bodily injury to 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; or |
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(B) a traumatic brain or spine injury to another |
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that results in a persistent vegetative state or irreversible |
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paralysis; |
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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; |
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(D) against a person the actor knows is a process |
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server while the person is performing a duty as a process server; or |
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(E) 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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(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 3. 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 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 28 was passed by the House on March |
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30, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 28 was passed by the Senate on May 15, |
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2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |