88R8050 MZM-F
 
  By: Cook H.B. No. 1589
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing the criminal penalty for certain family
  violence assaults.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.01(b) and (b-3), Penal Code, are
  amended to read as follows:
         (b)  An offense under Subsection (a)(1) is a Class A
  misdemeanor, except that the offense is a felony of the third degree
  if the offense is committed against:
               (1)  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;
               (2)  a person whose relationship to or association with
  the defendant is described by Section 71.0021(b), 71.003, or
  71.005, Family Code, if:
                     (A)  it is shown on the trial of the offense that
  the defendant has been previously convicted of an offense that was
  committed:
                           (i)  [under this chapter, Chapter 19, or
  Section 20.03, 20.04, 21.11, or 25.11] against a person whose
  relationship to or association with the defendant is described by
  Section 71.0021(b), 71.003, or 71.005, Family Code; and
                           (ii)  under:
                                 (a)  this chapter, Chapter 19, or
  Section 20.03, 20.04, 21.11, or 25.11;
                                 (b)  Section 25.07, if the applicable
  violation was based on the commission of family violence as
  described by Subsection (a)(1) of that section; or
                                 (c)  Section 25.072, if any of the
  applicable violations were based on the commission of family
  violence as described by Section 25.07(a)(1); or
                     (B)  the offense is committed by intentionally,
  knowingly, or recklessly impeding the normal breathing or
  circulation of the blood of the person by applying pressure to the
  person's throat or neck or by blocking the person's nose or mouth;
               (3)  a person who contracts with government to perform
  a service in a facility as defined by Section 1.07(a)(14), Penal
  Code, or Section 51.02(13) or (14), Family Code, or an employee of
  that person:
                     (A)  while the person or employee is engaged in
  performing a service within the scope of the contract, if the actor
  knows the person or employee is authorized by government to provide
  the service; or
                     (B)  in retaliation for or on account of the
  person's or employee's performance of a service within the scope of
  the contract;
               (4)  a person the actor knows is a security officer
  while the officer is performing a duty as a security officer;
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services;
               (6)  a person the actor knows is a process server while
  the person is performing a duty as a process server;
               (7)  a pregnant individual to force the individual to
  have an abortion; or
               (8)  a person the actor knows is pregnant at the time of
  the offense.
         (b-3)  Notwithstanding Subsection (b)(2), an offense under
  Subsection (a)(1) is a felony of the second degree if:
               (1)  the offense is committed against a person whose
  relationship to or association with the defendant is described by
  Section 71.0021(b), 71.003, or 71.005, Family Code;
               (2)  it is shown on the trial of the offense that the
  defendant has been previously convicted of an offense that was
  committed:
                     (A)  [under this chapter, Chapter 19, or Section
  20.03, 20.04, or 21.11] against a person whose relationship to or
  association with the defendant is described by Section 71.0021(b),
  71.003, or 71.005, Family Code; and 
                     (B)  under:
                           (i)  this chapter, Chapter 19, or Section
  20.03, 20.04, 21.11, or 25.11;
                           (ii)  Section 25.07, if the applicable
  violation was based on the commission of family violence as
  described by Subsection (a)(1) of that section; or
                           (iii)  Section 25.072, if any of the
  applicable violations were based on the commission of family
  violence as described by Section 25.07(a)(1); and
               (3)  the offense is committed by intentionally,
  knowingly, or recklessly impeding the normal breathing or
  circulation of the blood of the person by applying pressure to the
  person's throat or neck or by blocking the person's nose or mouth.
         SECTION 2.  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 3.  This Act takes effect September 1, 2023.