81(R) HB 176 - Enrolled version (original) (raw)

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AN ACT

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relating to the punishment for the offense of aggravated assault.

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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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�������SECTION�1.��This Act shall be known as the Janie Lynn Delapaz

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Act.

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�������SECTION�2.��Section 22.02(b), Penal Code, is amended to read

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as follows:

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�������(b)��An offense under this section is a felony of the second

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degree, except that the offense is a felony of the first degree if:

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�������������(1)��the actor uses a deadly weapon during the

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commission of the assault and causes serious bodily injury to a

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person whose relationship to or association with the defendant is

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described by Section 71.0021(b), 71.003, or 71.005, Family Code;

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[or]

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�������������(2)��regardless of whether the offense is committed

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under Subsection (a)(1) or (a)(2), the offense is committed:

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�������������������(A)��by a public servant acting under color of the

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servant's office or employment;

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�������������������(B)��against a person the actor knows is a public

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servant while the public servant is lawfully discharging an

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official duty, or in retaliation or on account of an exercise of

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official power or performance of an official duty as a public

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servant;

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�������������������(C)��in retaliation against or on account of the

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service of another as a witness, prospective witness, informant, or

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person who has reported the occurrence of a crime; or

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�������������������(D)��against a person the actor knows is a

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security officer while the officer is performing a duty as a

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security officer; or

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�������������(3)��the actor is in a motor vehicle, as defined by

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Section 501.002, Transportation Code, and:

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�������������������(A)��knowingly discharges a firearm at or in the

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direction of a habitation, building, or vehicle;

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�������������������(B)��is reckless as to whether the habitation,

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building, or vehicle is occupied; and

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�������������������(C)��in discharging the firearm, causes serious

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bodily injury to any person.

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�������SECTION�3.��The change in law made by this Act applies only

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to an offense committed on or after the effective date of this Act.

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An offense committed before the effective date of this Act is

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covered by the law in effect immediately before the effective date

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of this Act, and the former law is continued in effect for that

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purpose. For purposes of this section, an offense was committed

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before the effective date of this Act if any element of the offense

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was committed before that date.

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�������SECTION�4.��This Act takes effect September 1, 2009.

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______________________________

______________________________

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���President of the Senate

Speaker of the House�����

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�������I certify that H.B. No. 176 was passed by the House on May 13,

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2009, by the following vote:��Yeas 136, Nays 0, 2 present, not

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voting.

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______________________________

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Chief Clerk of the House���

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�������I certify that H.B. No. 176 was passed by the Senate on May

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27, 2009, by the following vote:��Yeas 31, Nays 0.

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______________________________

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Secretary of the Senate����

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APPROVED:��_____________________

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�������������������Date����������

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����������_____________________

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�����������������Governor�������