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  H.B. No. 495
 
 
 
 
AN ACT
  relating to the punishment for assault of emergency services
  personnel; imposing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 22.01(b) and (d), Penal Code, are
  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 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, or 21.11 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;
               (3)  a person who contracts with government to perform
  a service in a facility as defined by Section 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; [or]
               (4)  a person the actor knows is a security officer
  while the officer is performing a duty as a security officer; or
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services.
         (d)  For purposes of Subsection (b), the actor is presumed to
  have known the person assaulted was a public servant, [or] a
  security officer, or emergency services personnel if the person was
  wearing a distinctive uniform or badge indicating the person's
  employment as a public servant or status as a security officer or
  emergency services personnel.
         SECTION 2.  Section 22.01(e), Penal Code, is amended by
  adding Subdivision (1) to read as follows:
               (1)  "Emergency services personnel" includes
  firefighters, emergency medical services personnel as defined by
  Section 773.003, Health and Safety Code, and other individuals who,
  in the course and scope of employment or as a volunteer, provide
  services for the benefit of the general public during emergency
  situations.
         SECTION 3.  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 when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 495 was passed by the House on April
  12, 2007, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 495 on May 17, 2007, by the following vote:  Yeas 146, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 495 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor