Bill Text: TX HB1592 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the punishment of certain assaults committed against employees of primary and secondary schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to Public Education [HB1592 Detail]
Download: Texas-2017-HB1592-Introduced.html
85R8197 MEW-D | ||
By: Bohac | H.B. No. 1592 |
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relating to the punishment of certain assaults committed against | ||
employees of primary and secondary schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.01, Penal Code, is amended by | ||
amending Subsections (b) and (d) and adding Subsections (d-1) and | ||
(d-2) 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 under | ||
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 | ||
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; 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; [ |
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(5) a person the actor knows is emergency services | ||
personnel while the person is providing emergency services; or | ||
(6) an employee of a private or public primary or | ||
secondary school, including an open-enrollment charter school: | ||
(A) while the employee is engaged in performing | ||
duties within the scope of employment; or | ||
(B) in retaliation for or on account of the | ||
employee's performance of a duty within the scope of employment. | ||
(d) For purposes of Subsections (b)(1), (4), and (5) | ||
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assaulted was a public servant, a security officer, or emergency | ||
services personnel if the person was wearing a distinctive uniform | ||
or badge indicating the person's employment as a public servant or | ||
status as a security officer or emergency services personnel. For | ||
purposes of Subsection (b)(6), the actor is presumed to have known | ||
that the person assaulted was a school employee if the actor was a | ||
student enrolled in, or the parent or guardian of a student enrolled | ||
in, the school that employed the person assaulted. | ||
(d-1) The increase in punishment provided by Subsection | ||
(b)(6) applies regardless of whether the offense occurred: | ||
(1) off school premises; or | ||
(2) at a time at which school was not in session. | ||
(d-2) The increase in punishment provided by Subsection | ||
(b)(6) does not apply if the actor is a student enrolled in a | ||
special education program under Subchapter A, Chapter 29, Education | ||
Code. | ||
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, 2017. |