bill making more drive-by shootings first-degree felonies

The text as introduced · 481 words

89R1447 JDK-D

By: Johnson
H.B. No. 795

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of aggravated assault.

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

SECTION 1. Section 22.02(b), Penal Code, is amended to read

as follows:

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

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

(1) the actor uses a deadly weapon during the

commission of the assault and causes:

(A) serious bodily injury to 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) a traumatic brain or spine injury to another

that results in a persistent vegetative state or irreversible

paralysis;

(2) regardless of whether the offense is committed

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

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

servant's office or employment;

(B) against 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;

(C) in retaliation against or on account of the

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

person who has reported the occurrence of a crime;

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

server while the person is performing a duty as a process server; or

(E) against a person the actor knows is a

security officer while the officer is performing a duty as a

security officer;

(3) the actor is inside of or directly en route to or

from [ in ] a motor vehicle, as defined by Section 501.002,

Transportation Code, and:

(A) knowingly discharges a firearm at or in the

direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation,

building, or vehicle is occupied; and

(C) in discharging the firearm :

(i) [ , ] causes [ serious ] bodily injury to any

person or damage to any property; or

(ii) places any person in fear of imminent

serious bodily injury ; or

(4) the actor commits the assault as part of a mass

shooting.

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, 2025.