HBA-RBT H.B. 92 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 92
By: Reyna, Arthur
Criminal Jurisprudence
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Violence against teachers has been of increasing concern.  Recent high
profile school shootings and assaults have greatly added to public
awareness and discussion.  H.B. 92 provides enhanced penalties if a teacher
is assaulted while performing their job duties or in retaliation for
performing their job duties.  If the assault would have been a Class A, B,
or C misdemeanor, the grade of the offense is increased to a felony of the
third degree, a Class A misdemeanor, or a Class B misdemeanor,
respectively.  The bill creates a presumption that a student and the
student's parent or guardian knows the school employee is a school employee
if the student is enrolled at the school where the employee works.  It
specifies that it is not a defense that the assault occurred off school
premises or at a time when school is not in session. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.01, Penal Code, as follows:

Sec. 22.01.  ASSAULT.  Establishes increased penalties for assaults
committed against an employee of a public or private primary or secondary
school while the employee is performing duties within the scope of
employment or in retaliation for or on account of the employee's
performance of such duties.  Provides that the offense is a felony of the
third degree if it is committed intentionally, knowingly, or recklessly,
and causes bodily injury.  Provides that the offense is a Class A
misdemeanor if it is committed intentionally or knowingly and involves a
threat of imminent bodily injury.  Provides that the offense is a Class B
misdemeanor if it is committed intentionally or  knowingly and causes
physical contact with the school employee and  the offender knows or should
know the school employee will find the contact offensive or provocative.
Provides that the offender will be presumed to have known that the person
assaulted was a school employee if the offender was a student enrolled at
the school or the parent or guardian of a student enrolled at the school.
Provides that it is not a defense to prosecution that the offense occurred
off school premises or at a time when school was not in session.
Establishes that "family" has the meaning assigned by Section 71.003,
Family Code, rather than Section 71.01 (repealed by Acts 1997, 75th
Legislature, ch.  34, Section 2, effective May 5, 1997), Family Code.
Creates Subdivisions (b)(1)(A) and (c)(2) from existing text.  Redesignates
Subsection(e) to (f).   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.