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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the 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. Section 22.02, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person commits |
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assault as defined in Sec. 22.01 and the person: |
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(1) causes serious bodily injury to another, including |
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the person's spouse; [or] |
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(2) causes substantial bodily injury to another, |
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including the person's spouse; or |
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(3) uses or exhibits a deadly weapon during the |
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commission of the assault. |
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(b) An offense under Subsection (a)(1) or (3) [this section] |
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is a felony of the second degree, except that the offense is a |
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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)(3) [(a)(2)], the offense is |
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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; |
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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; or |
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(4) the actor commits the assault as part of a mass |
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shooting. |
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(b-1) An offense under Subsection (a)(2) is a felony of the |
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third degree. |
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SECTION 2. Section 22.02(d), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Substantial bodily injury" means bodily injury |
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that causes protracted physical pain, temporary disfigurement, or |
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temporary loss or impairment of the function of any bodily member or |
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organ. |
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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 was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |