88(R) HB 1589 - Enrolled version (original) (raw)

AN ACT

relating to increasing the criminal penalty for certain family

violence assaults.

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

SECTION 1. Sections 22.01(b) and (b-3), Penal Code, are

amended 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 that was

committed:

(i) [~~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; and

(ii) under:

(a) this chapter, Chapter 19, or

Section 20.03, 20.04, 21.11, or 25.11;

(b) Section 25.07, if the applicable

violation was based on the commission of family violence as

described by Subsection (a)(1) of that section; or

applicable violations were based on the commission of family

violence as described by Section 25.07(a)(1); 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;

(5) a person the actor knows is emergency services

personnel while the person is providing emergency services;

(6) a person the actor knows is a process server while

the person is performing a duty as a process server;

(7) a pregnant individual to force the individual to

have an abortion; or

(8) a person the actor knows is pregnant at the time of

the offense.

(b-3) 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 that was

committed:

(A) [~~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

(B) under:

(i) this chapter, Chapter 19, or Section

20.03, 20.04, 21.11, or 25.11;

(ii) Section 25.07, if the applicable

violation was based on the commission of family violence as

described by Subsection (a)(1) of that section; or

(iii) Section 25.072, if any of the

applicable violations were based on the commission of family

violence as described by Section 25.07(a)(1); 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. 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.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1589 was passed by the House on April

19, 2023, by the following vote: Yeas 144, Nays 1, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1589 was passed by the Senate on May

24, 2023, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor