| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
WhitmireX |
|
|
FloresX |
|
|
BettencourtX |
|
|
HinojosaX |
|
|
HuffmanX |
|
|
KingX |
|
|
MilesX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to enhancing the punishment for certain conduct |
|
|
constituting the criminal offense of aggravated assault. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Todd-Hogland Act. |
|
|
SECTION 2. Section 22.02(b), Penal Code, is amended to read |
|
|
as follows: |
|
|
(b) An offense under this section is a felony of the second |
|
|
degree, except that the offense is a felony of the first degree if: |
|
|
(1) the actor uses a deadly weapon during the |
|
|
commission of the assault and causes: |
|
|
(A) serious bodily injury to a person whose |
|
|
relationship to or association with the defendant is described by |
|
|
Section 71.0021(b), 71.003, or 71.005, Family Code; or |
|
|
(B) a traumatic brain or spine injury to another |
|
|
that results in a persistent vegetative state or irreversible |
|
|
paralysis; |
|
|
(2) regardless of whether the offense is committed |
|
|
under Subsection (a)(1) or (a)(2), the offense is committed: |
|
|
(A) by a public servant acting under color of the |
|
|
servant's office or employment; |
|
|
(B) against a person the actor knows is a public |
|
|
servant while the public servant 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 public |
|
|
servant; |
|
|
(C) in retaliation against or on account of the |
|
|
service of another as a witness, prospective witness, informant, or |
|
|
person who has reported the occurrence of a crime; |
|
|
(D) against a person the actor knows is a process |
|
|
server while the person is performing a duty as a process server; or |
|
|
(E) against a person the actor knows is a |
|
|
security officer while the officer is performing a duty as a |
|
|
security officer; or |
|
|
(3) the actor is in a motor vehicle, as defined by |
|
|
Section 501.002, Transportation Code, and: |
|
|
(A) knowingly discharges a firearm at or in the |
|
|
direction of a habitation, building, or vehicle; |
|
|
(B) is reckless as to whether the habitation, |
|
|
building, or vehicle is occupied; and |
|
|
(C) in discharging the firearm, causes serious |
|
|
bodily injury to any person. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |