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    HB00028I

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    Hayden Sparks
    This bill proposes enhancing the punishment for certain aggravated assault offenses. It would amend the penal code to make aggravated assault a first degree felony if it involves causing serious bodily injury to certain family members or traumatic brain/spine injuries. It also makes the offense a first degree felony if committed by a public servant, against a public servant, or by discharging a firearm from a motor vehicle in certain reckless ways. The changes would apply prospectively starting September 1, 2023.

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    HB00028I

    Uploaded by

    Hayden Sparks
    468 views2 pages
    This bill proposes enhancing the punishment for certain aggravated assault offenses. It would amend the penal code to make aggravated assault a first degree felony if it involves causing serious bodily injury to certain family members or traumatic brain/spine injuries. It also makes the offense a first degree felony if committed by a public servant, against a public servant, or by discharging a firearm from a motor vehicle in certain reckless ways. The changes would apply prospectively starting September 1, 2023.

    Original Description:

    Rep. Shelby Slawson

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    This bill proposes enhancing the punishment for certain aggravated assault offenses. It would amend the penal code to make aggravated assault a first degree felony if it involves causing serious bodily injury to certain family members or traumatic brain/spine injuries. It also makes the offense a first degree felony if committed by a public servant, against a public servant, or by discharging a firearm from a motor vehicle in certain reckless ways. The changes would apply prospectively starting September 1, 2023.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    468 views2 pages

    HB00028I

    Uploaded by

    Hayden Sparks
    This bill proposes enhancing the punishment for certain aggravated assault offenses. It would amend the penal code to make aggravated assault a first degree felony if it involves causing serious bodily injury to certain family members or traumatic brain/spine injuries. It also makes the offense a first degree felony if committed by a public servant, against a public servant, or by discharging a firearm from a motor vehicle in certain reckless ways. The changes would apply prospectively starting September 1, 2023.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    By:AASlawson H.B.ANo.

    A28

    A BILL TO BE ENTITLED

    1 AN ACT

    2 relating to enhancing the punishment for certain conduct

    3 constituting the criminal offense of aggravated assault.

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

    5 SECTIONA1.AAThis Act may be cited as the Todd-Hogland Act.

    6 SECTIONA2.AASection 22.02(b), Penal Code, is amended to read

    7 as follows:

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

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

    10 (1)AAthe actor uses a deadly weapon during the

    11 commission of the assault and causes:

    12 (A)AAserious bodily injury to a person whose

    13 relationship to or association with the defendant is described by

    14 Section 71.0021(b), 71.003, or 71.005, Family Code; or

    15 (B)AAa traumatic brain or spine injury to another

    16 that results in a persistent vegetative state or irreversible

    17 paralysis;

    18 (2)AAregardless of whether the offense is committed

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

    20 (A)AAby a public servant acting under color of the

    21 servant ’s office or employment;

    22 (B)AAagainst a person the actor knows is a public

    23 servant while the public servant is lawfully discharging an

    24 official duty, or in retaliation or on account of an exercise of

    88R29 TSS-F 1
    H.B.ANo.A28

    1 official power or performance of an official duty as a public

    2 servant;

    3 (C)AAin retaliation against or on account of the

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

    5 person who has reported the occurrence of a crime;

    6 (D)AAagainst a person the actor knows is a process

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

    8 (E)AAagainst a person the actor knows is a

    9 security officer while the officer is performing a duty as a

    10 security officer; or

    11 (3)AAthe actor is in a motor vehicle, as defined by

    12 Section 501.002, Transportation Code, and:

    13 (A)AAknowingly discharges a firearm at or in the

    14 direction of a habitation, building, or vehicle;

    15 (B)AAis reckless as to whether the habitation,

    16 building, or vehicle is occupied; and

    17 (C)AAin discharging the firearm, causes serious

    18 bodily injury to any person.

    19 SECTIONA3.AAThe change in law made by this Act applies only

    20 to an offense committed on or after the effective date of this Act.

    21 An offense committed before the effective date of this Act is

    22 governed by the law in effect on the date the offense was committed,

    23 and the former law is continued in effect for that purpose. For

    24 purposes of this section, an offense was committed before the

    25 effective date of this Act if any element of the offense occurred

    26 before that date.

    27 SECTIONA4.AAThis Act takes effect September 1, 2023.

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