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AN ACT
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relating to increasing the criminal penalty for assault of certain |
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hospital personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Jacqueline "Jackie" |
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Pokuaa and Katie "Annette" Flowers Act. |
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SECTION 2. Section 22.01(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor, except that the offense is a felony of the third degree |
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if the offense is committed against: |
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(1) a person the actor knows is a public servant while |
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the public servant is lawfully discharging an official duty, or in |
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retaliation or on account of an exercise of official power or |
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performance of an official duty as a public servant; |
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(2) a person whose relationship to or association with |
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the defendant is described by Section 71.0021(b), 71.003, or |
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71.005, Family Code, if: |
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(A) it is shown on the trial of the offense that |
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the defendant has been previously convicted of an offense under |
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this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 |
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against a person whose relationship to or association with the |
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defendant is described by Section 71.0021(b), 71.003, or 71.005, |
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Family Code; or |
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(B) the offense is committed by intentionally, |
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knowingly, or recklessly impeding the normal breathing or |
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circulation of the blood of the person by applying pressure to the |
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person's throat or neck or by blocking the person's nose or mouth; |
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(3) a person who contracts with government to perform |
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a service in a facility described [as defined] by Section |
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1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, |
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or an employee of that person: |
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(A) while the person or employee is engaged in |
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performing a service within the scope of the contract, if the actor |
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knows the person or employee is authorized by government to provide |
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the service; or |
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(B) in retaliation for or on account of the |
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person's or employee's performance of a service within the scope of |
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the contract; |
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(4) a person the actor knows is a security officer |
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while the officer is performing a duty as a security officer; |
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(5) a person the actor knows is emergency services |
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personnel while the person is providing emergency services; |
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(6) a person the actor knows is a process server while |
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the person is performing a duty as a process server; |
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(7) a pregnant individual to force the individual to |
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have an abortion; [or] |
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(8) a person the actor knows is pregnant at the time of |
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the offense; or |
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(9) a person the actor knows is hospital personnel |
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while the person is located on hospital property, including all |
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land and buildings owned or leased by the hospital. |
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SECTION 3. Section 22.01(e), Penal Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Hospital personnel" includes nurses, |
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physicians, physician assistants, maintenance or janitorial staff, |
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receptionists, and other individuals who are employed by or work in |
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a facility that is licensed as a general hospital or special |
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hospital, as those terms are defined by Section 241.003, Health and |
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Safety Code, including a hospital maintained or operated by the |
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state. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 840 passed the Senate on |
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April 26, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 11, 2023, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 840 passed the House, with |
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amendment, on May 8, 2023, by the following vote: Yeas 139, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |