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 - Dead) 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 |
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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) [ |
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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) | ||
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(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; [ |
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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 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. |