The bill, H.B. No. 3098, aims to increase the criminal penalties for assaults committed against employees of primary and secondary schools. It amends Section 22.01 of the Penal Code by adding new subsections that classify assaults against school employees as a Class B misdemeanor or a Class A misdemeanor, depending on the circumstances. Specifically, it establishes that if an assault is committed against a school employee while they are performing their duties or in retaliation for their performance, the offense will carry a minimum term of confinement of 10 days. Additionally, the bill clarifies that the increased penalties apply regardless of whether the offense occurred on school premises or during non-school hours, with certain exceptions for students enrolled in special education programs.

Furthermore, the bill introduces Article 42A.518 to the Code of Criminal Procedure, which mandates that judges impose a minimum jail term of 10 days 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. This legislation reflects a commitment to protecting school employees and ensuring that assaults against them are met with appropriate legal consequences.

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