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  H.B. No. 28
 
 
 
 
AN ACT
  relating to enhancing the punishment for certain conduct
  constituting the criminal offense of aggravated assault.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Todd-Hogland Act.
         SECTION 2.  Section 22.02(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if:
               (1)  the actor uses a deadly weapon during the
  commission of the assault and causes:
                     (A)  serious bodily injury to a person whose
  relationship to or association with the defendant is described by
  Section 71.0021(b), 71.003, or 71.005, Family Code; or
                     (B)  a traumatic brain or spine injury to another
  that results in a persistent vegetative state or irreversible
  paralysis;
               (2)  regardless of whether the offense is committed
  under Subsection (a)(1) or (a)(2), the offense is committed:
                     (A)  by a public servant acting under color of the
  servant's office or employment;
                     (B)  against 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;
                     (C)  in retaliation against or on account of the
  service of another as a witness, prospective witness, informant, or
  person who has reported the occurrence of a crime;
                     (D)  against a person the actor knows is a process
  server while the person is performing a duty as a process server; or
                     (E)  against a person the actor knows is a
  security officer while the officer is performing a duty as a
  security officer; or
               (3)  the actor is in a motor vehicle, as defined by
  Section 501.002, Transportation Code, and:
                     (A)  knowingly discharges a firearm at or in the
  direction of a habitation, building, or vehicle;
                     (B)  is reckless as to whether the habitation,
  building, or vehicle is occupied; and
                     (C)  in discharging the firearm, causes serious
  bodily injury to any person.
         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 on the date 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 occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 28 was passed by the House on March
  30, 2023, by the following vote:  Yeas 145, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 28 was passed by the Senate on May 15,
  2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor