Bill Text: TX SB840 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to increasing the criminal penalty for assault of certain hospital personnel.
Spectrum: Moderate Partisan Bill (Democrat 19-6)
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [SB840 Detail]
Download: Texas-2023-SB840-Comm_Sub.html
Bill Title: Relating to increasing the criminal penalty for assault of certain hospital personnel.
Spectrum: Moderate Partisan Bill (Democrat 19-6)
Status: (Passed) 2023-05-24 - Effective on 9/1/23 [SB840 Detail]
Download: Texas-2023-SB840-Comm_Sub.html
By: West, et al. | S.B. No. 840 | |
(Anchía, Johnson of Dallas, Jones of Dallas, et al.) | ||
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relating to increasing the criminal penalty for assault of certain | ||
hospital personnel. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Jacqueline "Jackie" | ||
Pokuaa and Katie "Annette" Flowers Act. | ||
SECTION 2. Section 22.01(b), Penal Code, is 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 described [ |
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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; [ |
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(8) a person the actor knows is pregnant at the time of | ||
the offense; or | ||
(9) a person the actor knows is hospital personnel | ||
while the person is performing a service in the hospital. | ||
SECTION 3. Section 22.01(e), Penal Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Hospital personnel" includes nurses, | ||
physicians, physician assistants, maintenance or janitorial staff, | ||
receptionists, and other individuals who are employed by or work in | ||
a facility that is licensed as a general hospital or special | ||
hospital, as those terms are defined by Section 241.003, Health and | ||
Safety Code, including a hospital maintained or operated by the | ||
state. | ||
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, 2023. |