bill raising penalties for assaulting school employees

The text as introduced · 1,147 words

89R11896 MEW-D

By: Bell of Montgomery
H.B. No. 3098

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for certain assaults

committed against employees of primary and secondary schools and to

the conditions of community supervision for that offense.

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

SECTION 1. Section 22.01, Penal Code, is amended by

amending Subsections (b) and (c) and adding Subsections (d-1),

(d-2), and (d-3) 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) 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

(c) 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); 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 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;

(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 ; or

(10) an employee of a public or private primary or

secondary school:

(A) while the employee is engaged in performing

duties within the scope of employment; or

(B) in retaliation for or on account of the

employee's performance of a duty within the scope of employment .

(c) An offense under Subsection (a)(2) or (3) is a Class C

misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the offense is committed

under Subsection (a)(3) against an elderly individual or disabled

individual, as those terms are defined by Section 22.04;

(2) a Class B misdemeanor if the offense is committed

by a person who is not a sports participant against a person the

actor knows is a sports participant either:

(A) while the participant is performing duties or

responsibilities in the participant's capacity as a sports

participant; or

(B) in retaliation for or on account of the

participant's performance of a duty or responsibility within the

participant's capacity as a sports participant; [ or ]

(3) a Class A misdemeanor if the offense is committed

against a pregnant individual to force the individual to have an

abortion ;

(4) a Class B misdemeanor with a minimum term of

confinement of 10 days if the offense is committed under Subsection

(a)(3) against an employee of a public or private primary or

secondary school:

(A) while the employee is engaged in performing

duties within the scope of employment; or

(B) in retaliation for or on account of the

employee's performance of a duty within the scope of employment; or

(5) a Class A misdemeanor with a minimum term of

confinement of 10 days if the offense is committed under Subsection

(a)(2) against an employee of a public or private primary or

secondary school:

(A) while the employee is engaged in performing

duties within the scope of employment; or

(B) in retaliation for or on account of the

employee's performance of a duty within the scope of employment .

(d-1) For purposes of Subsections (b)(10), (c)(4), and

(c)(5), the actor is presumed to have known that the person

assaulted was a school employee if the actor was a student enrolled

in, or the parent or guardian of a student enrolled in, the school

that employed the person assaulted.

(d-2) The increase in punishment provided by Subsection

(b)(10), (c)(4), or (c)(5) applies regardless of whether the

offense occurred:

(1) off school premises; or

(2) at a time at which school was not in session.

(d-3) The increase in punishment provided by Subsection

(b)(10), (c)(4), or (c)(5) does not apply if the actor is a student

enrolled in a special education program under Subchapter A, Chapter

29, Education Code.

SECTION 2. Subchapter K, Chapter 42A, Code of Criminal

Procedure, is amended by adding Article 42A.518 to read as follows:

Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN ASSAULT

OFFENSES. A judge granting community supervision to a defendant

convicted of an offense for which punishment is increased under

Section 22.01(b)(10), (c)(4), or (c)(5), Penal Code, shall require

as a condition of community supervision that the defendant submit

to a term of confinement of not less than 10 days in a county jail.

SECTION 3. 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 4. This Act takes effect September 1, 2025.