bill adding a middle tier to aggravated assault

The text as introduced · 580 words

89R16232 CJD-D

By: King
S.B. No. 2771

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of aggravated assault.

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

SECTION 1. Section 22.02, Penal Code, is amended by

amending Subsections (a) and (b) and adding Subsection (b-1) to

read as follows:

(a) A person commits an offense if the person commits

assault as defined in Sec. 22.01 and the person:

(1) causes serious bodily injury to another, including

the person's spouse; [ or ]

(2) causes substantial bodily injury to another,

including the person's spouse; or

(3) uses or exhibits a deadly weapon during the

commission of the assault.

(b) An offense under Subsection (a)(1) or (3) [ 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)(3) [ (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 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, causes serious

bodily injury to any person; or

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

shooting.

(b-1) An offense under Subsection (a)(2) is a felony of the

third degree.

SECTION 2. Section 22.02(d), Penal Code, is amended by

adding Subdivision (3) to read as follows:

(3) "Substantial bodily injury" means bodily injury

that causes protracted physical pain, temporary disfigurement, or

temporary loss or impairment of the function of any bodily member or

organ.

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 was

committed before that date.

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