Bill Text: TX HB1381 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to enhancing the criminal penalty for an aggravated assault causing serious bodily injury that is committed in or on school property or on a passenger transportation vehicle of a primary or secondary school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to Criminal Justice [HB1381 Detail]
Download: Texas-2019-HB1381-Engrossed.html
By: Wray | H.B. No. 1381 |
|
||
|
||
relating to enhancing the criminal penalty for an aggravated | ||
assault causing serious bodily injury that is committed in or on | ||
school property or on a passenger transportation vehicle of a | ||
primary or secondary school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 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; | ||
(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; or | ||
(D) against a person the actor knows is a | ||
security officer while the officer is performing a duty as a | ||
security officer; or | ||
(3) for an offense committed under Subsection (a)(1), | ||
the offense is committed: | ||
(A) in or on any property, including a parking | ||
lot, parking garage, or other parking area, that is owned or leased | ||
by a public or private primary or secondary school; or | ||
(B) on a passenger transportation vehicle that is | ||
owned or operated by a public or private primary or secondary school | ||
or owned or operated by another entity under contract with a public | ||
or private primary or secondary school and is being used to | ||
transport persons to or from the school or school-sponsored | ||
activities; or | ||
(4) [ |
||
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 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, 2019. |