Bill Text: TX HB591 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the punishment for the offense of aggravated assault.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2017-05-18 - Posting rule suspended [HB591 Detail]
Download: Texas-2017-HB591-Engrossed.html
| 85R17798 ADM-D | ||
| By: Minjarez, Springer | H.B. No. 591 | |
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| relating to the punishment for the offense of aggravated assault. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 22.02(b) 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; [ |
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| (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; or | ||
| (4) the offense is committed under Subsection (a)(1) | ||
| and the actor's conduct resulted in the paralysis of the victim of | ||
| the offense. | ||
| (d) In this section: | ||
| (1) "Paralysis" means, with respect to the human body, | ||
| the complete and permanent loss, in part or most of the body, of | ||
| feeling or the ability to move, resulting in loss of the ability to | ||
| walk. | ||
| (2) "Security [ |
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| commissioned security officer as defined by Section 1702.002, | ||
| Occupations Code, or a noncommissioned security officer registered | ||
| under Section 1702.221, Occupations Code. | ||
| SECTION 2. 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 3. This Act takes effect September 1, 2017. | ||
