Bill Text: TX SB295 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the definition of emergency services personnel for purposes of the enhanced penalty prescribed for an assault committed against a person providing emergency services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB295 Detail]

Download: Texas-2011-SB295-Comm_Sub.html

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By: Watson S.B. No. 295
(Gallego)

A BILL TO BE ENTITLED
AN ACT
relating to the definition of emergency services personnel for
purposes of the enhanced penalty prescribed for an assault
committed against a person providing emergency services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by
amending Subsection (b) 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 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; or
(6) a person the actor knows is emergency room
personnel while the person is providing emergency services.
(b-2) It is an exception to the application of Subsection
(b)(6) that:
(1) the actor is a patient; and
(2) the emergency room personnel has not received
training in de-escalation and crisis intervention techniques to
facilitate interaction with patients, including patients with
mental impairments, that meets minimum standards established by the
Department of State Health Services.
SECTION 2. Subsection (e), Section 22.01, Penal Code, is
amended to read as follows:
(e) In this section:
(1) "Emergency services personnel" includes
firefighters, emergency medical services personnel as defined by
Section 773.003, Health and Safety Code, 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.
(2) [(3)] "Security officer" means a commissioned
security officer as defined by Section 1702.002, Occupations Code,
or a noncommissioned security officer registered under Section
1702.221, Occupations Code.
(3) [(4)] "Sports participant" means a person who
participates in any official capacity with respect to an
interscholastic, intercollegiate, or other organized amateur or
professional athletic competition and includes an athlete,
referee, umpire, linesman, coach, instructor, administrator, or
staff member.
(4) "Emergency room personnel" means a person in a
hospital emergency department who, in the course and scope of
employment or as a volunteer, provides services for the benefit of
the general public during emergency situations.
SECTION 3. This Act takes effect September 1, 2011.
COMMITTEE AMENDMENT NO. 1
Amend S.B. No. 295 (engrossed version) as follows:
(1) In SECTION 1 of the bill, in amended Section 22.01,
Penal Code (page 1, line 7), strike "Subsection (b-2)" and
substitute "Subsections (b-2) and (b-3)" .
(2) In SECTION 1 of the bill, in amended Section 22.01,
Penal Code (page 3, between line 2 and 3), insert the following:
(b-3) Notwithstanding Subsection (b)(6), an offense under
Subsection (a)(1) committed against a person described by
Subsection (b)(6) is a class A misdemeanor if, at the time of the
offense, the actor was a person with mental illness or intellectual
disabilities.
Carter