The bill, H.B. No. 3098, aims to increase the criminal penalties for assaults committed against employees of public or private primary and secondary schools. It amends Section 22.01 of the Penal Code by adding new provisions that classify assaults against school employees as a Class B misdemeanor or a Class A misdemeanor, depending on the circumstances. Specifically, if the assault occurs while the employee is performing their duties or in retaliation for their performance, the penalties are heightened. Additionally, the bill establishes a presumption that the actor knew the victim was a school employee if they were a student or the parent/guardian of a student enrolled in the same school.

Furthermore, the bill introduces Article 42A.518 to the Code of Criminal Procedure, mandating that judges impose a minimum term of confinement of 10 days in county jail as a condition of community supervision for defendants convicted of these enhanced assault offenses. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Penal Code 22.01 (Penal Code 22)