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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for assault for certain persons subject |
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to an emergency detention or commitment for mental health services. |
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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 adding |
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Subsection (b-5) to read as follows: |
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(b-5) The increase in punishment provided by Subsection |
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(b)(1), (4), (5), or (9) does not apply if the offense is committed |
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by an actor: |
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(1) who is being apprehended or detained pursuant to |
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an order for emergency detention under Chapter 573, Health and |
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Safety Code; or |
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(2) for whom an application for court-ordered mental |
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health services is pending or who is currently committed to a |
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facility for inpatient mental health services under Chapter 574, |
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Health and Safety Code. |
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SECTION 2. 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 3. This Act takes effect September 1, 2025. |