Bill Text: TX HB3098 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to increasing the criminal penalty for certain assaults committed against employees of primary and secondary schools and to the conditions of community supervision for that offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-20 - Filed [HB3098 Detail]
Download: Texas-2025-HB3098-Introduced.html
| 89R11896 MEW-D | ||
| By: Bell of Montgomery | H.B. No. 3098 | |
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| relating to increasing the criminal penalty for certain assaults | ||
| committed against employees of primary and secondary schools and to | ||
| the conditions of community supervision for that offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 22.01, Penal Code, is amended by | ||
| amending Subsections (b) and (c) and adding Subsections (d-1), | ||
| (d-2), and (d-3) 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 that was | ||
| committed: | ||
| (i) 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 | ||
| (ii) under: | ||
| (a) this chapter, Chapter 19, or | ||
| Section 20.03, 20.04, 21.11, or 25.11; | ||
| (b) Section 25.07, if the applicable | ||
| violation was based on the commission of family violence as | ||
| described by Subsection (a)(1) of that section; or | ||
| (c) Section 25.072, if any of the | ||
| applicable violations were based on the commission of family | ||
| violence as described by Section 25.07(a)(1); 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 described 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; | ||
| (6) a person the actor knows is a process server while | ||
| the person is performing a duty as a process server; | ||
| (7) a pregnant individual to force the individual to | ||
| have an abortion; | ||
| (8) a person the actor knows is pregnant at the time of | ||
| the offense; [ |
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| (9) a person the actor knows is hospital personnel | ||
| while the person is located on hospital property, including all | ||
| land and buildings owned or leased by the hospital; or | ||
| (10) an employee of a public or private primary or | ||
| secondary school: | ||
| (A) while the employee is engaged in performing | ||
| duties within the scope of employment; or | ||
| (B) in retaliation for or on account of the | ||
| employee's performance of a duty within the scope of employment. | ||
| (c) An offense under Subsection (a)(2) or (3) is a Class C | ||
| misdemeanor, except that the offense is: | ||
| (1) a Class A misdemeanor if the offense is committed | ||
| under Subsection (a)(3) against an elderly individual or disabled | ||
| individual, as those terms are defined by Section 22.04; | ||
| (2) a Class B misdemeanor if the offense is committed | ||
| by a person who is not a sports participant against a person the | ||
| actor knows is a sports participant either: | ||
| (A) while the participant is performing duties or | ||
| responsibilities in the participant's capacity as a sports | ||
| participant; or | ||
| (B) in retaliation for or on account of the | ||
| participant's performance of a duty or responsibility within the | ||
| participant's capacity as a sports participant; [ |
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| (3) a Class A misdemeanor if the offense is committed | ||
| against a pregnant individual to force the individual to have an | ||
| abortion; | ||
| (4) a Class B misdemeanor with a minimum term of | ||
| confinement of 10 days if the offense is committed under Subsection | ||
| (a)(3) against an employee of a public or private primary or | ||
| secondary school: | ||
| (A) while the employee is engaged in performing | ||
| duties within the scope of employment; or | ||
| (B) in retaliation for or on account of the | ||
| employee's performance of a duty within the scope of employment; or | ||
| (5) a Class A misdemeanor with a minimum term of | ||
| confinement of 10 days if the offense is committed under Subsection | ||
| (a)(2) against an employee of a public or private primary or | ||
| secondary school: | ||
| (A) while the employee is engaged in performing | ||
| duties within the scope of employment; or | ||
| (B) in retaliation for or on account of the | ||
| employee's performance of a duty within the scope of employment. | ||
| (d-1) For purposes of Subsections (b)(10), (c)(4), and | ||
| (c)(5), the actor is presumed to have known that the person | ||
| assaulted was a school employee if the actor was a student enrolled | ||
| in, or the parent or guardian of a student enrolled in, the school | ||
| that employed the person assaulted. | ||
| (d-2) The increase in punishment provided by Subsection | ||
| (b)(10), (c)(4), or (c)(5) applies regardless of whether the | ||
| offense occurred: | ||
| (1) off school premises; or | ||
| (2) at a time at which school was not in session. | ||
| (d-3) The increase in punishment provided by Subsection | ||
| (b)(10), (c)(4), or (c)(5) does not apply if the actor is a student | ||
| enrolled in a special education program under Subchapter A, Chapter | ||
| 29, Education Code. | ||
| SECTION 2. Subchapter K, Chapter 42A, Code of Criminal | ||
| Procedure, is amended by adding Article 42A.518 to read as follows: | ||
| Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN ASSAULT | ||
| OFFENSES. A judge granting community supervision to a defendant | ||
| convicted of an offense for which punishment is increased under | ||
| Section 22.01(b)(10), (c)(4), or (c)(5), Penal Code, shall require | ||
| as a condition of community supervision that the defendant submit | ||
| to a term of confinement of not less than 10 days in a county jail. | ||
| 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, 2025. | ||
