85R11536 KJE-D     By: Capriglione H.B. No. 2316       A BILL TO BE ENTITLED   AN ACT   relating to increasing the penalty for assault of certain pregnant   women.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 actor [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 actor [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 actor [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;   or                      (C)  the person is pregnant at the time of the   offense and the actor knows or should have known that fact;                (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;                (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.          SECTION 2.  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 3.  This Act takes effect September 1, 2017.