Bill Text: TX HB182 | 2017 | 85th Legislature 1st Special Session | 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) 2017-07-20 - Referred to Criminal Jurisprudence [HB182 Detail]
Download: Texas-2017-HB182-Introduced.html
| By: Uresti | H.B. No. 182 | |
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| 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 90 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 90 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) [ |
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| 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[ |
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| (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) [ |
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| 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) [ |
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| and (b-2)(2) [ |
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| (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 January 1, 2018. | ||
