Bill Text: TX SB993 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to increasing criminal penalties for certain family violence offenses committed in the presence of a child.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-01 - Referred to Criminal Justice [SB993 Detail]

Download: Texas-2019-SB993-Introduced.html

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86R10726 JSC-D
By: Powell S.B. No. 993

A BILL TO BE ENTITLED
AN ACT
relating to increasing criminal penalties for certain family
violence offenses committed in the presence of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01(b-2), Penal Code, as added by
Chapter 34 (S.B. 1576), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 22.01(b-3), Penal Code,
to read as follows:
(b-3) [(b-2)] Notwithstanding 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.
SECTION 2. Section 22.01, Penal Code, is amended by adding
Subsections (b-4) and (b-5) and amending Subsection (f) to read as
follows:
(b-4) Notwithstanding Subsection (b) and except as provided
by Subsection (b-5), unless the conduct is punishable under
Subsection (b)(2) or (b-3), an offense under Subsection (a)(1) is a
state jail felony 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) the offense is committed in the physical presence
or within the hearing of a person who is younger than 18 years of
age; and
(3) at the time of the offense, the actor knows or has
reason to know that the person who is younger than 18 years of age is
present and may see or hear the offense.
(b-5) The enhancement provided by Subsection (b-4) does not
apply if all persons present at the time of the commission of the
offense, other than children present during that time, were
arrested in connection with that offense.
(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2)
[(b-2)(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 3. Section 22.02, Penal Code, is amended by
amending Subsection (b) and adding Subsection (b-1) 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; or
(E) 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:
(i) the offense is committed in the
physical presence or within the hearing of a person who is younger
than 18 years of age; and
(ii) at the time of the offense, the actor
knows or has reason to know that the person who is younger than 18
years of age is present and may see or hear the offense; 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.
(b-1) The enhancement provided by Subsection (b)(2)(E) does
not apply if all persons present at the time of the commission of
the offense, other than children present during that time, were
arrested in connection with that offense.
SECTION 4. 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 occurred before that date.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2019.