Bill Text: TX HB27 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to increasing the criminal penalty for assault or aggravated assault of a federal law enforcement officer.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-04-08 - Referred to Criminal Justice [HB27 Detail]
Download: Texas-2019-HB27-Comm_Sub.html
86R2395 ADM-D | ||
By: Canales, Hunter, Zedler, Moody, Murr | H.B. No. 27 |
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relating to increasing the criminal penalty for assault or | ||
aggravated assault of a federal law enforcement officer. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 22.01(b) and (d), 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 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; | ||
(5) a person the actor knows is emergency services | ||
personnel while the person is providing emergency services; [ |
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(6) a pregnant individual to force the individual to | ||
have an abortion; or | ||
(7) a person the actor knows is a federal law | ||
enforcement officer while the officer 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 federal law | ||
enforcement officer. | ||
(d) For purposes of Subsection (b), the actor is presumed to | ||
have known the person assaulted was a public servant, a federal law | ||
enforcement officer, 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 federal | ||
law enforcement officer or status as a security officer or | ||
emergency services personnel. | ||
SECTION 2. Section 22.01(e), Penal Code, is amended by | ||
adding Subdivision (2) to read as follows: | ||
(2) "Federal law enforcement officer" means any | ||
officer, agent, or employee of the United States authorized by | ||
federal law or by an agency of the federal government to engage in | ||
or supervise the prevention, detection, or investigation of any | ||
violation of federal criminal law. | ||
SECTION 3. Sections 22.02(b), (c), and (d), Penal Code, are | ||
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; [ |
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(D) against a person the actor knows is a | ||
security officer while the officer is performing a duty as a | ||
security officer; or | ||
(E) against a person the actor knows is a federal | ||
law enforcement officer while the officer 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 federal law | ||
enforcement officer; or | ||
(3) the actor is in a motor vehicle, as defined 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. | ||
(c) The actor is presumed to have known the person assaulted | ||
was a public servant, a federal law enforcement officer, or a | ||
security officer if the person was wearing a distinctive uniform or | ||
badge indicating the person's employment as a public servant or | ||
federal law enforcement officer or status as a security officer. | ||
(d) In this section, "federal law enforcement officer" and | ||
"security officer" have the meanings assigned by Section 22.01 | ||
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SECTION 4. 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 5. This Act takes effect September 1, 2019. |