88(R) SB 840 - Enrolled version (original) (raw)

AN ACT

relating to increasing the criminal penalty for assault of certain

hospital personnel.

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

SECTION 1. This Act may be cited as the Jacqueline "Jackie"

Pokuaa and Katie "Annette" Flowers Act.

SECTION 2. Section 22.01(b), Penal Code, is 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 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 described [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; or

(9) a person the actor knows is hospital personnel

while the person is located on hospital property, including all

land and buildings owned or leased by the hospital.

SECTION 3. Section 22.01(e), Penal Code, is amended by

adding Subdivision (1-a) to read as follows:

(1-a) "Hospital personnel" includes nurses,

physicians, physician assistants, maintenance or janitorial staff,

receptionists, and other individuals who are employed by or work in

a facility that is licensed as a general hospital or special

hospital, as those terms are defined by Section 241.003, Health and

Safety Code, including a hospital maintained or operated by the

state.

SECTION 4. 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 5. This Act takes effect September 1, 2023.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 840 passed the Senate on

April 26, 2023, by the following vote: Yeas 31, Nays 0; and that

the Senate concurred in House amendment on May 11, 2023, by the

following vote: Yeas 30, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 840 passed the House, with

amendment, on May 8, 2023, by the following vote: Yeas 139,

Nays 1, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor