Bill Text: TX HB1589 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to increasing the criminal penalty for certain family violence assaults.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1589 Detail]
Download: Texas-2023-HB1589-Enrolled.html
H.B. No. 1589 |
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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) [ |
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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) [ |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1589 was passed by the House on April | ||
19, 2023, by the following vote: Yeas 144, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1589 was passed by the Senate on May | ||
24, 2023, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |