| 88R20280 MZM-D | |||
| By: Johnson of Dallas, Jones of Dallas, | H.B. No. 2189 | ||
| Gonz lez of Dallas, et al. | |||
| Substitute the following for H.B. No. 2189: | |||
| By: Moody | C.S.H.B. No. 2189 | ||
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| relating to increasing the criminal penalty for assault of certain | ||
| hospital personnel. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Jacqueline "Jackie" | ||
| Pokuaa and Katie "Annette" Flowers Act. | ||
| SECTION 2. 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 under | ||
| this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 | ||
| 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; 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 [ |
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| 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; [ |
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| (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 performing a service in the hospital. | ||
| SECTION 3. Section 22.01(e), Penal Code, is amended by | ||
| adding Subdivision (1-a) to read as follows: | ||
| (1-a) "Hospital personnel" includes nurses, | ||
| physicians, physician assistants, social workers, maintenance or | ||
| janitorial staff, receptionists, and other individuals who are | ||
| employed by or work in a facility that is licensed as a general | ||
| hospital or special hospital, as those terms are defined by Section | ||
| 241.003, Health and Safety Code, including a hospital maintained or | ||
| operated by the state. | ||
| SECTION 4. 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, | ||
| Statutes affected: Introduced: Penal Code 22.01 (Penal Code 22) House Committee Report: Penal Code 22.01 (Penal Code 22) | ||