SB2771 - Relating to the prosecution of the offense of aggravated assault.

  89R16232 CJD-D     By: King S.B. No. 2771       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of aggravated assault.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.02, Penal Code, is amended by   amending Subsections (a) and (b) and adding Subsection (b-1) to   read as follows:          (a)  A person commits an offense if the person commits   assault as defined in Sec. 22.01 and the person:                (1)  causes serious bodily injury to another, including   the person's spouse; [ or ]                (2)   causes substantial bodily injury to another,   including the person's spouse; or                 (3)   uses or exhibits a deadly weapon during the   commission of the assault.          (b)  An offense under Subsection (a)(1) or (3) [ this section ]   is a felony of the second degree, except that the offense is a   felony of the first degree if:                (1)  the actor uses a deadly weapon during the   commission of the assault and causes:                      (A)  serious bodily injury to 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)  a traumatic brain or spine injury to another   that results in a persistent vegetative state or irreversible   paralysis;                (2)  regardless of whether the offense is committed   under Subsection (a)(1) or (a)(3) [ (a)(2) ], the offense is   committed:                      (A)  by a public servant acting under color of the   servant's office or employment;                      (B)  against 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;                      (C)  in retaliation against or on account of the   service of another as a witness, prospective witness, informant, or   person who has reported the occurrence of a crime;                      (D)  against a person the actor knows is a process   server while the person is performing a duty as a process server; or                      (E)  against a person the actor knows is a   security officer while the officer is performing a duty as a   security officer;                (3)  the actor is in a motor vehicle, as defined by   Section 501.002, Transportation Code, and:                      (A)  knowingly discharges a firearm at or in the   direction of a habitation, building, or vehicle;                      (B)  is reckless as to whether the habitation,   building, or vehicle is occupied; and                      (C)  in discharging the firearm, causes serious   bodily injury to any person; or                (4)  the actor commits the assault as part of a mass   shooting.           (b-1)     An offense under Subsection (a)(2) is a felony of the   third degree.          SECTION 2.  Section 22.02(d), Penal Code, is amended by   adding Subdivision (3) to read as follows:                 (3)     "Substantial bodily injury" means bodily injury   that causes protracted physical pain, temporary disfigurement, or   temporary loss or impairment of the function of any bodily member or   organ.          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. 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 4.  This Act takes effect September 1, 2025.