Bill Text: TX HB24 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to increasing criminal penalties for certain family violence offenses committed when a child is or may be present during the commission of the offense.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-10 - Referred to Criminal Justice [HB24 Detail]

Download: Texas-2019-HB24-Engrossed.html
 
 
  By: Romero, Jr., Neave, Burns, et al. H.B. No. 24
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to increasing criminal penalties for certain family
  violence offenses committed when a child is or may be present during
  the commission of the offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.01(b-2), Penal Code, as added by
  Chapter 34 (S.B. 1576), Acts of the 85th Legislature, Regular
  Session, 2017, is redesignated as Section 22.01(b-3), Penal Code,
  to read as follows:
         (b-3) [(b-2)]  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 under this
  chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 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;
  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.  Section 22.01, Penal Code, is amended by adding
  Subsection (b-4) and amending Subsection (f) to read as follows:
         (b-4)  Notwithstanding Subsection (b), unless the conduct is
  punishable under Subsection (b)(2) or (b-3), an offense under
  Subsection (a)(1) is a state jail felony if 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, and the offense is committed in the physical presence
  of another person who is younger than 18 years of age.
         (f)  For the purposes of Subsections (b)(2)(A) and (b-3)(2)
  [(b-2)(2)]:
               (1)  a defendant has been previously convicted of an
  offense listed in those subsections 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, if
  the defendant was adjudged guilty of the offense or entered a plea
  of guilty or nolo contendere in return for a grant of deferred
  adjudication, regardless of whether the sentence for the offense
  was ever imposed or whether the sentence was probated and the
  defendant was subsequently discharged from community supervision;
  and
               (2)  a conviction under the laws of another state for an
  offense containing elements that are substantially similar to the
  elements of an offense listed in those subsections is a conviction
  of the offense listed.
         SECTION 3.  Section 22.02(b), Penal Code, is 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; [or]
                     (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 whose relationship to or
  association with the defendant is described by Section 71.0021(b),
  71.003, or 71.005, Family Code, and the offense is committed in the
  physical presence of another person who is younger than 18 years of
  age; 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.
         SECTION 4.  The changes in law made by this Act apply 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.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act takes effect September 1, 2019.
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