Bill Text: TX HB705 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault committed against a person providing services in that capacity.

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB705 Detail]

Download: Texas-2013-HB705-Introduced.html
  83R4545 AJZ-D
 
  By: Howard H.B. No. 705
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to enhanced penalties for assault of emergency room
  personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.01, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (b-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; [or]
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services; or
               (6)  a person the actor knows is emergency room
  personnel while the person is providing emergency services.
         (b-2)  Notwithstanding Subsection (b)(6), an offense under
  Subsection (a)(1) committed against a person described by
  Subsection (b)(6) is a Class A misdemeanor if:
               (1)  the actor is a patient; and
               (2)  the emergency room personnel has not received
  training in de-escalation and crisis intervention techniques to
  facilitate interaction with patients, including patients with
  mental illness or intellectual disabilities, that meets minimum
  standards established by the Department of State Health Services.
         SECTION 2.  Section 22.01(e), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivision (2) to read as
  follows:
               (1)  "Emergency room personnel" means a person in a
  hospital emergency department who, in the course and scope of
  employment or as a volunteer, provides services for the benefit of
  the general public during emergency situations.
               (2)  "Emergency services personnel" includes
  firefighters, emergency medical services personnel as defined by
  Section 773.003, Health and Safety Code, and other individuals who,
  in the course and scope of employment or as a volunteer, provide
  services for the benefit of the general public during emergency
  situations.
         SECTION 3.  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 4.  This Act takes effect September 1, 2013.
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