HB3098 - 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.

  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.