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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 certain assaults |
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committed against employees of primary and secondary schools and to |
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the conditions of community supervision for that 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, Penal Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (d-1), |
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(d-2), and (d-3) 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 that was |
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committed: |
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(i) against a person whose relationship to |
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or association with the defendant is described by Section |
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71.0021(b), 71.003, or 71.005, Family Code; and |
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(ii) under: |
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(a) this chapter, Chapter 19, or |
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Section 20.03, 20.04, 21.11, or 25.11; |
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(b) Section 25.07, if the applicable |
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violation was based on the commission of family violence as |
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described by Subsection (a)(1) of that section; or |
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(c) Section 25.072, if any of the |
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applicable violations were based on the commission of family |
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violence as described by Section 25.07(a)(1); 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 described 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; |
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(6) a person the actor knows is a process server while |
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the person is performing a duty as a process server; |
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(7) a pregnant individual to force the individual to |
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have an abortion; |
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(8) a person the actor knows is pregnant at the time of |
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the offense; [or] |
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(9) a person the actor knows is hospital personnel |
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while the person is located on hospital property, including all |
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land and buildings owned or leased by the hospital; or |
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(10) an employee of a public or private primary or |
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secondary school: |
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(A) while the employee is engaged in performing |
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duties within the scope of employment; or |
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(B) in retaliation for or on account of the |
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employee's performance of a duty within the scope of employment. |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual, as those terms are defined by Section 22.04; |
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(2) a Class B misdemeanor if the offense is committed |
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by a person who is not a sports participant against a person the |
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actor knows is a sports participant either: |
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(A) while the participant is performing duties or |
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responsibilities in the participant's capacity as a sports |
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participant; or |
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(B) in retaliation for or on account of the |
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participant's performance of a duty or responsibility within the |
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participant's capacity as a sports participant; [or] |
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(3) a Class A misdemeanor if the offense is committed |
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against a pregnant individual to force the individual to have an |
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abortion; |
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(4) a Class B misdemeanor with a minimum term of |
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confinement of 10 days if the offense is committed under Subsection |
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(a)(3) against an employee of a public or private primary or |
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secondary school: |
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(A) while the employee is engaged in performing |
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duties within the scope of employment; or |
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(B) in retaliation for or on account of the |
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employee's performance of a duty within the scope of employment; or |
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(5) a Class A misdemeanor with a minimum term of |
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confinement of 10 days if the offense is committed under Subsection |
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(a)(2) against an employee of a public or private primary or |
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secondary school: |
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(A) while the employee is engaged in performing |
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duties within the scope of employment; or |
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(B) in retaliation for or on account of the |
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employee's performance of a duty within the scope of employment. |
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(d-1) For purposes of Subsections (b)(10), (c)(4), and |
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(c)(5), the actor is presumed to have known that the person |
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assaulted was a school employee if the actor was a student enrolled |
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in, or the parent or guardian of a student enrolled in, the school |
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that employed the person assaulted. |
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(d-2) The increase in punishment provided by Subsection |
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(b)(10), (c)(4), or (c)(5) applies regardless of whether the |
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offense occurred: |
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(1) off school premises; or |
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(2) at a time at which school was not in session. |
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(d-3) The increase in punishment provided by Subsection |
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(b)(10), (c)(4), or (c)(5) does not apply if the actor is a student |
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enrolled in a special education program under Subchapter A, Chapter |
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29, Education Code. |
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SECTION 2. Subchapter K, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.518 to read as follows: |
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Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN ASSAULT |
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OFFENSES. A judge granting community supervision to a defendant |
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convicted of an offense for which punishment is increased under |
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Section 22.01(b)(10), (c)(4), or (c)(5), Penal Code, shall require |
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as a condition of community supervision that the defendant submit |
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to a term of confinement of not less than 10 days in a county jail. |
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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, 2025. |