Bill Text: TX HB28 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to enhancing the punishment for certain conduct constituting the criminal offense of aggravated assault.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [HB28 Detail]
Download: Texas-2023-HB28-Enrolled.html
| H.B. No. 28 | ||
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| relating to enhancing the punishment for certain conduct | ||
| constituting the criminal offense of aggravated assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Todd-Hogland Act. | ||
| SECTION 2. 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: | ||
| (A) 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; or | ||
| (B) a traumatic brain or spine injury to another | ||
| that results in a persistent vegetative state or irreversible | ||
| paralysis; | ||
| (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; | ||
| (D) against a person the actor knows is a process | ||
| server while the person is performing a duty as a process server; or | ||
| (E) against a person the actor knows is a | ||
| security officer while the officer is performing a duty as a | ||
| security 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. | ||
| 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, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 28 was passed by the House on March | ||
| 30, 2023, by the following vote: Yeas 145, Nays 1, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 28 was passed by the Senate on May 15, | ||
| 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
