Bill Text: TX HB27 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to increasing the criminal penalty for assault or aggravated assault of a federal law enforcement officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-11-12 - Filed [HB27 Detail]

Download: Texas-2019-HB27-Introduced.html
  86R2395 ADM-D
 
  By: Canales H.B. No. 27
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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; [or]
               (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; [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 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 
  [means a commissioned security officer as defined by Section
  1702.002, Occupations Code, or a noncommissioned security officer
  registered under Section 1702.221, Occupations Code].
         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.
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