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.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB705 Detail]
Download: Texas-2013-HB705-Introduced.html
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.
Spectrum: Bipartisan Bill
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 |
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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; [ |
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(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. |