TITLE: Relating to the punishment for assault for certain persons subject to an emergency detention or commitment for mental health services.

SUMMARY: Relating to the punishment for assault for certain persons subject to an emergency detention or commitment for mental health services.

FULL TEXT:
AN ACT relating to the punishment for assault for certain persons subject to an emergency detention or commitment for mental health services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.01, Penal Code, is amended by adding Subsection (b-5) to read as follows: (b-5) The increase in punishment provided by Subsection (b)(1), (4), (5), or (9) does not apply if the offense is committed by an actor: (1) who is being apprehended or detained pursuant to an order for emergency detention under Chapter 573, Health and Safety Code; or (2) for whom an application for court-ordered mental health services is pending or who is currently committed to a facility for inpatient mental health services under Chapter 574, Health and Safety 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, 2025.