85R7455 KJE-F     By: Uresti H.B. No. 3192       A BILL TO BE ENTITLED   AN ACT   relating to the punishment and community supervision for certain   offenses committed against a child, an elderly individual, or a   disabled individual; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Article 42.015, Code of Criminal   Procedure, is amended to read as follows:          Art. 42.015.  FINDING OF AGE OR DISABILITY OF VICTIM.          SECTION 2.  Article 42.015, Code of Criminal Procedure, is   amended by adding Subsection (c) to read as follows:          (c)  In the trial of an offense under Section 22.01(a)(1),   22.011(a)(1), 22.02, or 22.021(a)(1)(A), Penal Code, the judge   shall make an affirmative finding of fact and enter the affirmative   finding in the judgment in the case if the judge determines that the   victim or intended victim was at the time of the offense a child, an   elderly individual, or a disabled individual, as those terms are   defined by Section 22.04, Penal Code.          SECTION 3.  Subchapter K, Chapter 42A, Code of Criminal   Procedure, is amended by adding Article 42A.515 to read as follows:          Art. 42A.515.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES   COMMITTED AGAINST CHILD VICTIM, ELDERLY VICTIM, OR DISABLED VICTIM.     Notwithstanding Article 42A.302, a court granting community   supervision to a defendant convicted of an offense under Section   21.11(a)(1), 22.011(a)(2), 22.021(a)(1)(B), or 22.04, Penal Code,   or an offense for which the court has made an affirmative finding   under Article 42.015(c) shall require as a condition of community   supervision that the defendant submit to 180 days confinement in a   county jail.          SECTION 4.  Section 22.01, Penal Code, is amended by   amending Subsections (b), (b-1), (c), (d), and (f) and adding   Subsection (b-2) to read as follows:          (b)  An offense under Subsection (a)(1) is a Class A   misdemeanor, except that the offense is a Class A misdemeanor with a   minimum term of confinement of 180 days if the offense is committed   against a child, an elderly individual, or a disabled individual.          (b-1)  Notwithstanding Subsection (b), an offense under   Subsection (a)(1) 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 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.          (b-2) [(b-1)]  Notwithstanding Subsections (b) and (b-1)(2)    [Subsection (b)(2)], an offense under Subsection (a)(1) is a felony   of the second degree if:                (1)  the offense is committed 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;                (2)  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;   and                (3)  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.          (c)  An offense under Subsection (a)(2) or (3) is a Class C   misdemeanor, except that the offense is:                (1)  a Class A misdemeanor if the offense is committed   under Subsection (a)(3) against an elderly individual or disabled   individual[, as those terms are defined by Section 22.04]; or                (2)  a Class B misdemeanor if the offense is committed   by a person who is not a sports participant against a person the   actor knows is a sports participant either:                      (A)  while the participant is performing duties or   responsibilities in the participant's capacity as a sports   participant; or                      (B)  in retaliation for or on account of the   participant's performance of a duty or responsibility within the   participant's capacity as a sports participant.          (d)  For purposes of Subsection (b-1) [(b)], the actor is   presumed to have known the person assaulted was a public servant, 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.          (f)  For the purposes of Subsections (b-1)(2)(A) [(b)(2)(A)]   and (b-2)(2) [(b-1)(2)]:                (1)  a defendant has been previously convicted of an   offense listed in those subsections committed 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, if   the defendant was adjudged guilty of the offense or entered a plea   of guilty or nolo contendere in return for a grant of deferred   adjudication, regardless of whether the sentence for the offense   was ever imposed or whether the sentence was probated and the   defendant was subsequently discharged from community supervision;   and                (2)  a conviction under the laws of another state for an   offense containing elements that are substantially similar to the   elements of an offense listed in those subsections is a conviction   of the offense listed.          SECTION 5.  Section 22.01(e), Penal Code, is amended by   amending Subdivision (1) and adding Subdivision (2) to read as   follows:                (1)  "Child," "elderly individual," and "disabled   individual" have the meanings assigned by Section 22.04.                (2)  "Emergency services personnel" includes   firefighters, emergency medical services personnel as defined by   Section 773.003, Health and Safety Code, emergency room personnel,   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 6.  The changes in law made by this Act apply 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 was committed before that   date.          SECTION 7.  This Act takes effect September 1, 2017.