The bill amends Section 22.02 of the Penal Code, which pertains to the prosecution of aggravated assault. It introduces a new definition of "substantial bodily injury," which is defined as bodily injury that causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. The bill also modifies the criteria for classifying aggravated assault offenses, specifying that causing substantial bodily injury is now included as a basis for prosecution, alongside causing serious bodily injury or using a deadly weapon during the assault. Offenses resulting in substantial bodily injury are classified as felonies of the third degree, while those causing serious bodily injury or involving a deadly weapon remain felonies of the second degree, with certain circumstances elevating them to first-degree felonies.

Additionally, the bill clarifies the conditions under which aggravated assault can be prosecuted more severely, such as when the assault is committed against public servants or during mass shootings. 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. Offenses committed prior to this date will be governed by the previous law.

Statutes affected:
Introduced: Penal Code 22.02 (Penal Code 22)