85R3060 KJE-D     By: King of Hemphill H.B. No. 4108       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offenses of assault and   harassment by persons committed to certain facilities; increasing a   criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.07, Penal Code, is amended by adding   Subdivision (8-a) to read as follows:                (8-a)  "Civil commitment facility" means a facility   owned, leased, or operated by the state, or by a vendor under   contract with the state, that houses only persons who have been   civilly committed as sexually violent predators under Chapter 841,   Health and Safety Code.          SECTION 2.  Section 22.01, Penal Code, is amended by   amending Subsections (b-1) and (f) and adding Subsection (b-2) to   read as follows:          (b-1)  Notwithstanding Subsection (b), an offense under   Subsection (a)(1) is a felony of the third degree if the offense is   committed:                (1)  while the actor is committed to a civil commitment   facility; and                (2)  against:                      (A)  an officer or employee of the Texas Civil   Commitment Office:                            (i)  while the officer or employee is   lawfully discharging an official duty at a civil commitment   facility; or                            (ii)  in retaliation for or on account of an   exercise of official power or performance of an official duty by the   officer or employee; or                      (B)  a person who contracts with the state to   perform a service in a civil commitment facility or an employee of   that person:                            (i)  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 the state to   provide the service; or                            (ii)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract.           (b-2)  Notwithstanding 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.          (f)  For the purposes of Subsections (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 3.  The heading to Section 22.11, Penal Code, is   amended to read as follows:          Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN [CORRECTIONAL]   FACILITIES; HARASSMENT OF PUBLIC SERVANT.          SECTION 4.  Sections 22.11(a) and (e), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if, with the intent to   assault, harass, or alarm, the person:                (1)  while imprisoned or confined in a correctional or   detention facility, causes another person to contact the blood,   seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,   any other person, or an animal; [or]                (2)  while committed to a civil commitment facility,   causes:                      (A)  an officer or employee of the Texas Civil   Commitment Office to contact the blood, seminal fluid, vaginal   fluid, saliva, urine, or feces of the actor, any other person, or an   animal:                            (i)  while the officer or employee is   lawfully discharging an official duty at a civil commitment   facility; or                            (ii)  in retaliation for or on account of an   exercise of official power or performance of an official duty by the   officer or employee; or                      (B)  a person who contracts with the state to   perform a service in the facility or an employee of that person to   contact the blood, seminal fluid, vaginal fluid, saliva, urine, or   feces of the actor, any other person, or an animal:                            (i)  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 the state to   provide the service; or                            (ii)  in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract; or                (3)  causes another person the actor knows to be a   public servant to contact the blood, seminal fluid, vaginal fluid,   saliva, urine, or feces of the actor, any other person, or an animal   while the public servant is lawfully discharging an official duty   or in retaliation or on account of an exercise of the public   servant's official power or performance of an official duty.          (e)  For purposes of Subsection (a)(3) [(a)(2)], the actor is   presumed to have known the person was a public servant if the person   was wearing a distinctive uniform or badge indicating the person's   employment as a public servant.          SECTION 5.  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 occurred before that date.          SECTION 6.  This Act takes effect September 1, 2017.