HB3498 - Relating to increasing the criminal penalty for assault of a retail establishment employee.

  89R12590 MZM-F     By: Cook H.B. No. 3498       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for assault of a retail   establishment employee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 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)     a person the actor knows is an employee of a   retail establishment while the person is located on the retail   establishment's property, including all land and buildings owned or   leased by the retail establishment .          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.