85R8197 MEW-D     By: Bohac H.B. No. 1592       A BILL TO BE ENTITLED   AN ACT   relating to the punishment of certain assaults committed against   employees of primary and secondary schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.01, Penal Code, is amended by   amending Subsections (b) and (d) and adding Subsections (d-1) and   (d-2) 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 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; or                (6)  an employee of a private or public primary or   secondary school, including an open-enrollment charter school:                      (A)  while the employee is engaged in performing   duties within the scope of employment; or                      (B)  in retaliation for or on account of the   employee's performance of a duty within the scope of employment.          (d)  For purposes of Subsections (b)(1), (4), and (5)   [Subsection (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.  For   purposes of Subsection (b)(6), the actor is presumed to have known   that the person assaulted was a school employee if the actor was a   student enrolled in, or the parent or guardian of a student enrolled   in, the school that employed the person assaulted.          (d-1)  The increase in punishment provided by Subsection   (b)(6) applies regardless of whether the offense occurred:                (1)  off school premises; or                (2)  at a time at which school was not in session.          (d-2)  The increase in punishment provided by Subsection   (b)(6) does not apply if the actor is a student enrolled in a   special education program under Subchapter A, Chapter 29, Education   Code.          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.