Bill Text: TX HB3062 | 2023-2024 | 88th Legislature | Introduced

---

Bill Title: Relating to the punishment for the offense of aggravated assault.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-14 - Referred to Criminal Jurisprudence [HB3062 Detail]

Download: Texas-2023-HB3062-Introduced.html

---

By: A. Johnson of Harris H.B. No. 3062

A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of aggravated assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.02(b), Penal Code, is 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;
(D) against a person the actor knows is a process
server while the person is performing a duty as a process server; or
(E) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer; or
(3) the actor is inside of or directly en route to or
from 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:
(i) [,]causes [serious] bodily injury to
any person or damage to any property; or
(ii) threatens places another in fear of
immenent serious bodily injury.injury to any person.
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, 2023.