88R12268 MZM-F     By: Landgraf H.B. No. 3037       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for assault of a health   care professional.          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:                      (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 a health care   professional while the person is performing a duty as a health care   professional.          (d)  For purposes of Subsection (b), the actor is presumed to   have known the person assaulted was a public servant, a security   officer, a health care professional, 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, a health care professional, or emergency   services personnel.          SECTION 2.  Section 22.01(e), Penal Code, is amended by   adding Subdivision (1-a) to read as follows:                (1-a)  "Health care professional" has the meaning   assigned by Section 247.067, Health and Safety Code.          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.          SECTION 4.  This Act takes effect September 1, 2023.