This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 840
 
 
 
 
AN ACT
  relating to increasing the criminal penalty for assault of certain
  hospital personnel.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Jacqueline "Jackie"
  Pokuaa and Katie "Annette" Flowers Act.
         SECTION 2.  Section 22.01(b), Penal Code, is 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:
                     (A)  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, 21.11, or 25.11
  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; or
                     (B)  the offense is committed by intentionally,
  knowingly, or recklessly impeding the normal breathing or
  circulation of the blood of the person by applying pressure to the
  person's throat or neck or by blocking the person's nose or mouth;
               (3)  a person who contracts with government to perform
  a service in a facility described [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;
               (4)  a person the actor knows is a security officer
  while the officer is performing a duty as a security officer;
               (5)  a person the actor knows is emergency services
  personnel while the person is providing emergency services;
               (6)  a person the actor knows is a process server while
  the person is performing a duty as a process server;
               (7)  a pregnant individual to force the individual to
  have an abortion; [or]
               (8)  a person the actor knows is pregnant at the time of
  the offense; or
               (9)  a person the actor knows is hospital personnel
  while the person is located on hospital property, including all
  land and buildings owned or leased by the hospital.
         SECTION 3.  Section 22.01(e), Penal Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a) "Hospital personnel" includes nurses,
  physicians, physician assistants, maintenance or janitorial staff,
  receptionists, and other individuals who are employed by or work in
  a facility that is licensed as a general hospital or special
  hospital, as those terms are defined by Section 241.003, Health and
  Safety Code, including a hospital maintained or operated by the
  state.
         SECTION 4.  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 5.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 840 passed the Senate on
  April 26, 2023, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 11, 2023, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 840 passed the House, with
  amendment, on May 8, 2023, by the following vote: Yeas 139,
  Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor