Bill Text: TX HB3192 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the punishment and community supervision for certain offenses committed against a child, an elderly individual, or a disabled individual; increasing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-10 - Left pending in committee [HB3192 Detail]

Download: Texas-2017-HB3192-Introduced.html
  85R7455 KJE-F
 
  By: Uresti H.B. No. 3192
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment and community supervision for certain
  offenses committed against a child, an elderly individual, or a
  disabled individual; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Article 42.015, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 42.015.  FINDING OF AGE OR DISABILITY OF VICTIM.
         SECTION 2.  Article 42.015, Code of Criminal Procedure, is
  amended by adding Subsection (c) to read as follows:
         (c)  In the trial of an offense under Section 22.01(a)(1),
  22.011(a)(1), 22.02, or 22.021(a)(1)(A), Penal Code, the judge
  shall make an affirmative finding of fact and enter the affirmative
  finding in the judgment in the case if the judge determines that the
  victim or intended victim was at the time of the offense a child, an
  elderly individual, or a disabled individual, as those terms are
  defined by Section 22.04, Penal Code.
         SECTION 3.  Subchapter K, Chapter 42A, Code of Criminal
  Procedure, is amended by adding Article 42A.515 to read as follows:
         Art. 42A.515.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
  COMMITTED AGAINST CHILD VICTIM, ELDERLY VICTIM, OR DISABLED VICTIM.  
  Notwithstanding Article 42A.302, a court granting community
  supervision to a defendant convicted of an offense under Section
  21.11(a)(1), 22.011(a)(2), 22.021(a)(1)(B), or 22.04, Penal Code,
  or an offense for which the court has made an affirmative finding
  under Article 42.015(c) shall require as a condition of community
  supervision that the defendant submit to 180 days confinement in a
  county jail.
         SECTION 4.  Section 22.01, Penal Code, is amended by
  amending Subsections (b), (b-1), (c), (d), and (f) and adding
  Subsection (b-2) to read as follows:
         (b)  An offense under Subsection (a)(1) is a Class A
  misdemeanor, except that the offense is a Class A misdemeanor with a
  minimum term of confinement of 180 days if the offense is committed
  against a child, an elderly individual, or a disabled individual.
         (b-1)  Notwithstanding Subsection (b), an offense under
  Subsection (a)(1) 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; or
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services.
         (b-2) [(b-1)]  Notwithstanding Subsections (b) and (b-1)(2) 
  [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.
         (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]; or
               (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.
         (d)  For purposes of Subsection (b-1) [(b)], the actor is
  presumed to have known the person assaulted was a public servant, 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 status as a security officer or
  emergency services personnel.
         (f)  For the purposes of Subsections (b-1)(2)(A) [(b)(2)(A)]
  and (b-2)(2) [(b-1)(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 5.  Section 22.01(e), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivision (2) to read as
  follows:
               (1)  "Child," "elderly individual," and "disabled
  individual" have the meanings assigned by Section 22.04.
               (2)  "Emergency services personnel" includes
  firefighters, emergency medical services personnel as defined by
  Section 773.003, Health and Safety Code, emergency room personnel,
  and other individuals who, in the course and scope of employment or
  as a volunteer, provide services for the benefit of the general
  public during emergency situations.
         SECTION 6.  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 was committed before that
  date.
         SECTION 7.  This Act takes effect September 1, 2017.
feedback