Texas 2009 - 81st Regular

Texas House Bill HB1482 Compare Versions

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1	1	81R942 PEP-F
2	2	By: Pitts H.B. No. 1482
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the offense of assault with bodily
8	8	fluids, the prosecution and punishment of that offense, and the
9	9	consequences of a conviction for that offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 22, Penal Code, is amended by adding
12	12	Section 22.03 to read as follows:
13	13	Sec. 22.03. ASSAULT WITH BODILY FLUIDS. (a) A person
14	14	commits an offense if:
15	15	(1) with the intent to assault, harass, or alarm, the
16	16	person causes another person to contact the blood, seminal fluid,
17	17	vaginal fluid, saliva, urine, or feces of the actor, any other
18	18	person, or an animal;
19	19	(2) with the intent to arouse or gratify the sexual
20	20	desire of any person, the person causes another person, without
21	21	that person's consent, to contact the blood, seminal fluid, vaginal
22	22	fluid, saliva, urine, or feces of the actor, any other person, or an
23	23	animal; or
24	24	(3) with the intent to arouse or gratify the sexual
25	25	desire of any person, the person causes a child to contact the
26	26	blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the
27	27	actor, any other person, or an animal.
28	28	(b) In this section, "child" has the meaning assigned by
29	29	Section 22.011(c)(1).
30	30	(c) An offense under this section is:
31	31	(1) a Class A misdemeanor, if the offense is committed
32	32	under Subsection (a)(1);
33	33	(2) a felony of the third degree, if the offense is
34	34	committed under Subsection (a)(2); and
35	35	(3) a felony of the second degree, if the offense is
36	36	committed under Subsection (a)(3).
37	37	(d) An offense under Subsection (a)(2) or (3) is increased
38	38	to the next higher category of offense if it is shown at the trial of
39	39	the offense that, at the time of the commission of the offense, the
40	40	actor was:
41	41	(1) a peace officer as defined by Article 2.12, Code of
42	42	Criminal Procedure, or other law;
43	43	(2) a corrections officer employed by a secure
44	44	correctional facility;
45	45	(3) a health care services provider as defined by
46	46	Section 22.011(c)(3);
47	47	(4) a mental health services provider as defined by
48	48	Section 22.011(c)(4); or
49	49	(5) an employee of a facility as defined by Section
50	50	22.011(c)(5).
51	51	(e) It is an affirmative defense to prosecution under
52	52	Subsection (a)(3) that:
53	53	(1) the actor was not more than three years older than
54	54	the victim and at the time of the offense:
55	55	(A) was not required under Chapter 62, Code of
56	56	Criminal Procedure, to register for life as a sex offender; or
57	57	(B) was not a person who under Chapter 62, Code of
58	58	Criminal Procedure, had a reportable conviction or adjudication for
59	59	an offense under this section; and
60	60	(2) the victim:
61	61	(A) was a child of 14 years of age or older; and
62	62	(B) was not a person whom the actor was
63	63	prohibited from marrying or purporting to marry or with whom the
64	64	actor was prohibited from living under the appearance of being
65	65	married under Section 25.01.
66	66	(f) If conduct constituting an offense under this section
67	67	also constitutes an offense under another section of this code, the
68	68	actor may be prosecuted under either section or under both
69	69	sections.
70	70	SECTION 2. Section 3.03(b), Penal Code, is amended to read
71	71	as follows:
72	72	(b) If the accused is found guilty of more than one offense
73	73	arising out of the same criminal episode, the sentences may run
74	74	concurrently or consecutively if each sentence is for a conviction
75	75	of:
76	76	(1) an offense:
77	77	(A) under Section 49.07 or 49.08, regardless of
78	78	whether the accused is convicted of violations of the same section
79	79	more than once or is convicted of violations of both sections; or
80	80	(B) for which a plea agreement was reached in a
81	81	case in which the accused was charged with more than one offense
82	82	listed in Paragraph (A), regardless of whether the accused is
83	83	charged with violations of the same section more than once or is
84	84	charged with violations of both sections;
85	85	(2) an offense:
86	86	(A) under Section 33.021 or an offense under
87	87	Section 21.02, 21.11, 22.011, 22.021, 22.03(a)(3), 25.02, or 43.25
88	88	committed against a victim younger than 17 years of age at the time
89	89	of the commission of the offense regardless of whether the accused
90	90	is convicted of violations of the same section more than once or is
91	91	convicted of violations of more than one section; or
92	92	(B) for which a plea agreement was reached in a
93	93	case in which the accused was charged with more than one offense
94	94	listed in Paragraph (A) committed against a victim younger than 17
95	95	years of age at the time of the commission of the offense regardless
96	96	of whether the accused is charged with violations of the same
97	97	section more than once or is charged with violations of more than
98	98	one section; or
99	99	(3) an offense:
100	100	(A) under Section 21.15 or 43.26, regardless of
101	101	whether the accused is convicted of violations of the same section
102	102	more than once or is convicted of violations of both sections; or
103	103	(B) for which a plea agreement was reached in a
104	104	case in which the accused was charged with more than one offense
105	105	listed in Paragraph (A), regardless of whether the accused is
106	106	charged with violations of the same section more than once or is
107	107	charged with violations of both sections.
108	108	SECTION 3. Section 12.42(c)(2), Penal Code, is amended to
109	109	read as follows:
110	110	(2) Notwithstanding Subdivision (1), a defendant
111	111	shall be punished by imprisonment in the Texas Department of
112	112	Criminal Justice for life if:
113	113	(A) the defendant is convicted of an offense:
114	114	(i) under Section 21.11(a)(1), 22.021, or
115	115	22.011[, Penal Code];
116	116	(ii) under Section 20.04(a)(4)[, Penal
117	117	Code], if the defendant committed the offense with the intent to
118	118	violate or abuse the victim sexually; or
119	119	(iii) under Section 30.02[, Penal Code],
120	120	punishable under Subsection (d) of that section, if the defendant
121	121	committed the offense with the intent to commit a felony described
122	122	by Subparagraph (i) or (ii) or a felony under Section 21.11 or
123	123	22.03(a)(2) or (3)[, Penal Code]; and
124	124	(B) the defendant has been previously convicted
125	125	of an offense:
126	126	(i) under Section 43.25 or 43.26[, Penal
127	127	Code,] or an offense under Section 43.23[, Penal Code,] punishable
128	128	under Subsection (h) of that section;
129	129	(ii) under Section 21.02, 21.11, 22.011,
130	130	22.021, 22.03(a)(2) or (3), or 25.02[, Penal Code];
131	131	(iii) under Section 20.04(a)(4)[, Penal
132	132	Code], if the defendant committed the offense with the intent to
133	133	violate or abuse the victim sexually;
134	134	(iv) under Section 30.02[, Penal Code],
135	135	punishable under Subsection (d) of that section, if the defendant
136	136	committed the offense with the intent to commit a felony described
137	137	by Subparagraph (ii) or (iii); or
138	138	(v) under the laws of another state
139	139	containing elements that are substantially similar to the elements
140	140	of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
141	141	SECTION 4. Section 15.031(b), Penal Code, is amended to
142	142	read as follows:
143	143	(b) A person commits an offense if, with intent that an
144	144	offense under Section 21.02, 21.11, 22.011, 22.021, 22.03(a)(2) or
145	145	(3), or 43.25 be committed, the person by any means requests,
146	146	commands, or attempts to induce a minor or another whom the person
147	147	believes to be a minor to engage in specific conduct that, under the
148	148	circumstances surrounding the actor's conduct as the actor believes
149	149	them to be, would constitute an offense under one of those sections
150	150	or would make the minor or other believed by the person to be a minor
151	151	a party to the commission of an offense under one of those sections.
152	152	SECTION 5. Section 22.06(a), Penal Code, is amended to read
153	153	as follows:
154	154	(a) The victim's effective consent or the actor's reasonable
155	155	belief that the victim consented to the actor's conduct is a defense
156	156	to prosecution under Section 22.01 (Assault), 22.02 (Aggravated
157	157	Assault), 22.03(a)(1) (Assault with Bodily Fluids), or 22.05
158	158	(Deadly Conduct) if:
159	159	(1) the conduct did not threaten or inflict serious
160	160	bodily injury; or
161	161	(2) the victim knew the conduct was a risk of:
162	162	(A) his occupation;
163	163	(B) recognized medical treatment; or
164	164	(C) a scientific experiment conducted by
165	165	recognized methods.
166	166	SECTION 6. Article 21.31(a), Code of Criminal Procedure, is
167	167	amended to read as follows:
168	168	(a) A person who is indicted for or who waives indictment
169	169	for an offense under Section 21.02, 21.11(a)(1), 22.011, [or]
170	170	22.021, or 22.03(a)(2) or (3), Penal Code, shall, at the direction
171	171	of the court, undergo a medical procedure or test designed to show
172	172	or help show whether the person has a sexually transmitted disease
173	173	or has acquired immune deficiency syndrome (AIDS) or human
174	174	immunodeficiency virus (HIV) infection, antibodies to HIV, or
175	175	infection with any other probable causative agent of AIDS. The
176	176	court may direct the person to undergo the procedure or test on its
177	177	own motion or on the request of the victim of the alleged offense.
178	178	If the person refuses to submit voluntarily to the procedure or
179	179	test, the court shall require the person to submit to the procedure
180	180	or test. The court may require a defendant previously required
181	181	under this article to undergo a medical procedure or test on
182	182	indictment for an offense to undergo a subsequent medical procedure
183	183	or test following conviction of the offense. The person performing
184	184	the procedure or test shall make the test results available to the
185	185	local health authority, and the local health authority shall be
186	186	required to make the notification of the test result to the victim
187	187	of the alleged offense and to the defendant.
188	188	SECTION 7. Section 1, Article 38.071, Code of Criminal
189	189	Procedure, is amended to read as follows:
190	190	Sec. 1. This article applies only to a hearing or proceeding
191	191	in which the court determines that a child younger than 13 years of
192	192	age would be unavailable to testify in the presence of the defendant
193	193	about an offense defined by any of the following sections of the
194	194	Penal Code:
195	195	(1) Section 19.02 (Murder);
196	196	(2) Section 19.03 (Capital Murder);
197	197	(3) Section 19.04 (Manslaughter);
198	198	(4) Section 20.04 (Aggravated Kidnapping);
199	199	(5) Section 21.11 (Indecency with a Child);
200	200	(6) Section 22.011 (Sexual Assault);
201	201	(7) Section 22.02 (Aggravated Assault);
202	202	(8) Section 22.021 (Aggravated Sexual Assault);
203	203	(9) Section 22.03(a)(3) (Assault with Bodily Fluids);
204	204	(10) Section 22.04(e) (Injury to a Child, Elderly
205	205	Individual, or Disabled Individual);
206	206	(11) [(10)] Section 22.04(f) (Injury to a Child,
207	207	Elderly Individual, or Disabled Individual), if the conduct is
208	208	committed intentionally or knowingly;
209	209	(12) [(11)] Section 25.02 (Prohibited Sexual
210	210	Conduct);
211	211	(13) [(12)] Section 29.03 (Aggravated Robbery);
212	212	(14) [(13)] Section 43.25 (Sexual Performance by a
213	213	Child); or
214	214	(15) [(14)] Section 21.02 (Continuous Sexual Abuse of
215	215	Young Child or Children).
216	216	SECTION 8. Section 3g(a), Article 42.12, Code of Criminal
217	217	Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8),
218	218	Acts of the 80th Legislature, Regular Session, 2007, is reenacted
219	219	and amended to read as follows:
220	220	(a) The provisions of Section 3 of this article do not
221	221	apply:
222	222	(1) to a defendant adjudged guilty of an offense
223	223	under:
224	224	(A) Section 19.02, Penal Code (Murder);
225	225	(B) Section 19.03, Penal Code (Capital murder);
226	226	(C) Section 21.11(a)(1), Penal Code (Indecency
227	227	with a child);
228	228	(D) Section 20.04, Penal Code (Aggravated
229	229	kidnapping);
230	230	(E) Section 22.021, Penal Code (Aggravated
231	231	sexual assault);
232	232	(F) Section 29.03, Penal Code (Aggravated
233	233	robbery);
234	234	(G) Chapter 481, Health and Safety Code, for
235	235	which punishment is increased under:
236	236	(i) Section 481.140, Health and Safety
237	237	Code; or
238	238	(ii) Section 481.134(c), (d), (e), or (f),
239	239	Health and Safety Code, if it is shown that the defendant has been
240	240	previously convicted of an offense for which punishment was
241	241	increased under any of those subsections;
242	242	(H) Section 22.011, Penal Code (Sexual assault);
243	243	[or]
244	244	(I) Section 22.04(a)(1), Penal Code (Injury to a
245	245	child, elderly individual, or disabled individual), if the offense
246	246	is punishable as a felony of the first degree and the victim of the
247	247	offense is a child; [or]
248	248	(J) [(I)] Section 43.25, Penal Code (Sexual
249	249	performance by a child); or
250	250	(K) Section 22.03(a)(2) or (3), Penal Code
251	251	(Assault with bodily fluids); or
252	252	(2) to a defendant when it is shown that a deadly
253	253	weapon as defined in Section 1.07, Penal Code, was used or exhibited
254	254	during the commission of a felony offense or during immediate
255	255	flight therefrom, and that the defendant used or exhibited the
256	256	deadly weapon or was a party to the offense and knew that a deadly
257	257	weapon would be used or exhibited. On an affirmative finding under
258	258	this subdivision, the trial court shall enter the finding in the
259	259	judgment of the court. On an affirmative finding that the deadly
260	260	weapon was a firearm, the court shall enter that finding in its
261	261	judgment.
262	262	SECTION 9. Section 5(d), Article 42.12, Code of Criminal
263	263	Procedure, is amended to read as follows:
264	264	(d) In all other cases the judge may grant deferred
265	265	adjudication unless:
266	266	(1) the defendant is charged with an offense:
267	267	(A) under Sections 49.04-49.08, Penal Code; or
268	268	(B) for which punishment may be increased under
269	269	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
270	270	is shown that the defendant has been previously convicted of an
271	271	offense for which punishment was increased under any one of those
272	272	subsections;
273	273	(2) the defendant:
274	274	(A) is charged with an offense under Section
275	275	21.11, 22.011, [or] 22.021, or 22.03(a)(2) or (3), Penal Code,
276	276	regardless of the age of the victim, or any other [a] felony
277	277	described by Section 13B(b) of this article; and
278	278	(B) has previously been placed on community
279	279	supervision for any offense under Paragraph (A) of this
280	280	subdivision; or
281	281	(3) the defendant is charged with an offense under:
282	282	(A) Section 21.02, Penal Code; or
283	283	(B) Section 22.021, Penal Code, that is
284	284	punishable under Subsection (f) of that section or under Section
285	285	12.42(c)(3), Penal Code.
286	286	SECTION 10. Section 13B(b), Article 42.12, Code of Criminal
287	287	Procedure, is amended to read as follows:
288	288	(b) This section applies to a defendant placed on community
289	289	supervision for an offense:
290	290	(1) under Section 43.25 or 43.26, Penal Code;
291	291	(2) under Section 21.08, 21.11, 22.011, 22.021,
292	292	22.03(a)(3), or 25.02, Penal Code;
293	293	(3) under Section 20.04(a)(4), Penal Code, if the
294	294	defendant committed the offense with the intent to violate or abuse
295	295	the victim sexually; or
296	296	(4) under Section 30.02, Penal Code, punishable under
297	297	Subsection (d) of that section, if the defendant committed the
298	298	offense with the intent to commit a felony listed in Subdivision (2)
299	299	or (3) of this subsection.
300	300	SECTION 11. Article 62.001(5), Code of Criminal Procedure,
301	301	is amended to read as follows:
302	302	(5) "Reportable conviction or adjudication" means a
303	303	conviction or adjudication, including an adjudication of
304	304	delinquent conduct or a deferred adjudication, that, regardless of
305	305	the pendency of an appeal, is a conviction for or an adjudication
306	306	for or based on:
307	307	(A) a violation of Section 21.02 (Continuous
308	308	sexual abuse of young child or children), 21.11 (Indecency with a
309	309	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
310	310	assault), 22.03(a)(2) or (3) (Assault with bodily fluids), or 25.02
311	311	(Prohibited sexual conduct), Penal Code;
312	312	(B) a violation of Section 43.05 (Compelling
313	313	prostitution), 43.25 (Sexual performance by a child), or 43.26
314	314	(Possession or promotion of child pornography), Penal Code;
315	315	(C) a violation of Section 20.04(a)(4)
316	316	(Aggravated kidnapping), Penal Code, if the actor committed the
317	317	offense or engaged in the conduct with intent to violate or abuse
318	318	the victim sexually;
319	319	(D) a violation of Section 30.02 (Burglary),
320	320	Penal Code, if the offense or conduct is punishable under
321	321	Subsection (d) of that section and the actor committed the offense
322	322	or engaged in the conduct with intent to commit a felony listed in
323	323	Paragraph (A) or (C);
324	324	(E) a violation of Section 20.02 (Unlawful
325	325	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
326	326	Penal Code, if, as applicable:
327	327	(i) the judgment in the case contains an
328	328	affirmative finding under Article 42.015; or
329	329	(ii) the order in the hearing or the papers
330	330	in the case contain an affirmative finding that the victim or
331	331	intended victim was younger than 17 years of age;
332	332	(F) the second violation of Section 21.08
333	333	(Indecent exposure), Penal Code, but not if the second violation
334	334	results in a deferred adjudication;
335	335	(G) an attempt, conspiracy, or solicitation, as
336	336	defined by Chapter 15, Penal Code, to commit an offense or engage in
337	337	conduct listed in Paragraph (A), (B), (C), (D), or (E);
338	338	(H) a violation of the laws of another state,
339	339	federal law, the laws of a foreign country, or the Uniform Code of
340	340	Military Justice for or based on the violation of an offense
341	341	containing elements that are substantially similar to the elements
342	342	of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
343	343	or (J), but not if the violation results in a deferred adjudication;
344	344	(I) the second violation of the laws of another
345	345	state, federal law, the laws of a foreign country, or the Uniform
346	346	Code of Military Justice for or based on the violation of an offense
347	347	containing elements that are substantially similar to the elements
348	348	of the offense of indecent exposure, but not if the second violation
349	349	results in a deferred adjudication; or
350	350	(J) a violation of Section 33.021 (Online
351	351	solicitation of a minor), Penal Code.
352	352	SECTION 12. Article 62.001(6), Code of Criminal Procedure,
353	353	is amended to read as follows:
354	354	(6) "Sexually violent offense" means any of the
355	355	following offenses committed by a person 17 years of age or older:
356	356	(A) an offense under Section 21.02 (Continuous
357	357	sexual abuse of young child or children), 21.11(a)(1) (Indecency
358	358	with a child), 22.011 (Sexual assault), [or] 22.021 (Aggravated
359	359	sexual assault), or 22.03(a)(2) or (3) (Assault with bodily
360	360	fluids), Penal Code;
361	361	(B) an offense under Section 43.25 (Sexual
362	362	performance by a child), Penal Code;
363	363	(C) an offense under Section 20.04(a)(4)
364	364	(Aggravated kidnapping), Penal Code, if the defendant committed the
365	365	offense with intent to violate or abuse the victim sexually;
366	366	(D) an offense under Section 30.02 (Burglary),
367	367	Penal Code, if the offense is punishable under Subsection (d) of
368	368	that section and the defendant committed the offense with intent to
369	369	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
370	370	or
371	371	(E) an offense under the laws of another state,
372	372	federal law, the laws of a foreign country, or the Uniform Code of
373	373	Military Justice if the offense contains elements that are
374	374	substantially similar to the elements of an offense listed under
375	375	Paragraph (A), (B), (C), or (D).
376	376	SECTION 13. Article 102.0186(a), Code of Criminal
377	377	Procedure, is amended to read as follows:
378	378	(a) A person convicted of an offense under Section 21.02,
379	379	21.11, 22.011(a)(2), 22.021(a)(1)(B), 22.03(a)(3), 43.25, 43.251,
380	380	or 43.26, Penal Code, shall pay $100 on conviction of the offense.
381	381	SECTION 14. Section 25.0341(a), Education Code, is amended
382	382	to read as follows:
383	383	(a) This section applies only to:
384	384	(1) a student:
385	385	(A) who has been convicted of continuous sexual
386	386	abuse of young child or children under Section 21.02, Penal Code, or
387	387	convicted of or placed on deferred adjudication for the offense of
388	388	sexual assault under Section 22.011, Penal Code, [or] aggravated
389	389	sexual assault under Section 22.021, Penal Code, or assault with
390	390	bodily fluids under Section 22.03(a)(2) or (3), Penal Code,
391	391	committed against another student who, at the time the offense
392	392	occurred, was assigned to the same campus as the student convicted
393	393	or placed on deferred adjudication;
394	394	(B) who has been adjudicated under Section 54.03,
395	395	Family Code, as having engaged in conduct described by Paragraph
396	396	(A);
397	397	(C) whose prosecution under Section 53.03,
398	398	Family Code, for engaging in conduct described by Paragraph (A) has
399	399	been deferred; or
400	400	(D) who has been placed on probation under
401	401	Section 54.04(d)(1), Family Code, for engaging in conduct described
402	402	by Paragraph (A); and
403	403	(2) a student who is the victim of conduct described by
404	404	Subdivision (1)(A).
405	405	SECTION 15. Section 37.007(a), Education Code, is amended
406	406	to read as follows:
407	407	(a) A student shall be expelled from a school if the
408	408	student, on school property or while attending a school-sponsored
409	409	or school-related activity on or off of school property:
410	410	(1) uses, exhibits, or possesses:
411	411	(A) a firearm as defined by Section 46.01(3),
412	412	Penal Code;
413	413	(B) an illegal knife as defined by Section
414	414	46.01(6), Penal Code, or by local policy;
415	415	(C) a club as defined by Section 46.01(1), Penal
416	416	Code; or
417	417	(D) a weapon listed as a prohibited weapon under
418	418	Section 46.05, Penal Code;
419	419	(2) engages in conduct that contains the elements of
420	420	the offense of:
421	421	(A) aggravated assault under Section 22.02,
422	422	Penal Code, sexual assault under Section 22.011, Penal Code, or
423	423	aggravated sexual assault under Section 22.021, Penal Code;
424	424	(B) arson under Section 28.02, Penal Code;
425	425	(C) murder under Section 19.02, Penal Code,
426	426	capital murder under Section 19.03, Penal Code, or criminal
427	427	attempt, under Section 15.01, Penal Code, to commit murder or
428	428	capital murder;
429	429	(D) indecency with a child under Section 21.11,
430	430	Penal Code;
431	431	(E) aggravated kidnapping under Section 20.04,
432	432	Penal Code;
433	433	(F) aggravated robbery under Section 29.03,
434	434	Penal Code;
435	435	(G) manslaughter under Section 19.04, Penal
436	436	Code;
437	437	(H) criminally negligent homicide under Section
438	438	19.05, Penal Code; [or]
439	439	(I) continuous sexual abuse of young child or
440	440	children under Section 21.02, Penal Code; or
441	441	(J) assault with bodily fluids under Section
442	442	22.03(a)(2) or (3), Penal Code; or
443	443	(3) engages in conduct specified by Section
444	444	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
445	445	SECTION 16. Section 33.009, Family Code, is amended to read
446	446	as follows:
447	447	Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. A
448	448	court or the guardian ad litem or attorney ad litem for the minor
449	449	shall report conduct reasonably believed to violate Section 21.02,
450	450	22.011, 22.021, 22.03(a)(3), or 25.02, Penal Code, based on
451	451	information obtained during a confidential court proceeding held
452	452	under this chapter to:
453	453	(1) any local or state law enforcement agency;
454	454	(2) the Department of Family and Protective Services,
455	455	if the alleged conduct involves a person responsible for the care,
456	456	custody, or welfare of the child;
457	457	(3) the state agency that operates, licenses,
458	458	certifies, or registers the facility in which the alleged conduct
459	459	occurred, if the alleged conduct occurred in a facility operated,
460	460	licensed, certified, or registered by a state agency; or
461	461	(4) an appropriate agency designated by the court.
462	462	SECTION 17. Section 33.010, Family Code, is amended to read
463	463	as follows:
464	464	Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
465	465	law, information obtained by the Department of Family and
466	466	Protective Services or another entity under Section 33.008 or
467	467	33.009 is confidential except to the extent necessary to prove a
468	468	violation of Section 21.02, 22.011, 22.021, 22.03(a)(3), or 25.02,
469	469	Penal Code.
470	470	SECTION 18. Section 156.104, Family Code, is amended to
471	471	read as follows:
472	472	Sec. 156.104. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
473	473	ABUSE; PENALTY. (a) Except as provided by Section 156.1045, the
474	474	conviction of a conservator for an offense under Section 21.02,
475	475	Penal Code, or the conviction of a conservator or an order deferring
476	476	adjudication with regard to the conservator, for an offense
477	477	involving the abuse of a child under Section 21.11, 22.011, [or]
478	478	22.021, or 22.03(a)(3), Penal Code, is a material and substantial
479	479	change of circumstances sufficient to justify a temporary order and
480	480	modification of an existing court order or portion of a decree that
481	481	provides for the appointment of a conservator or that sets the terms
482	482	and conditions of conservatorship or for the possession of or
483	483	access to a child.
484	484	(b) A person commits an offense if the person files a suit to
485	485	modify an order or portion of a decree based on the grounds
486	486	permitted under Subsection (a) and the person knows that the person
487	487	against whom the motion is filed has not been convicted of an
488	488	offense, or received deferred adjudication for an offense, under
489	489	Section 21.02, 21.11, 22.011, [or] 22.021, or 22.03(a)(3), Penal
490	490	Code. An offense under this subsection is a Class B misdemeanor.
491	491	SECTION 19. Section 161.001, Family Code, is amended to
492	492	read as follows:
493	493	Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
494	494	RELATIONSHIP. The court may order termination of the parent-child
495	495	relationship if the court finds by clear and convincing evidence:
496	496	(1) that the parent has:
497	497	(A) voluntarily left the child alone or in the
498	498	possession of another not the parent and expressed an intent not to
499	499	return;
500	500	(B) voluntarily left the child alone or in the
501	501	possession of another not the parent without expressing an intent
502	502	to return, without providing for the adequate support of the child,
503	503	and remained away for a period of at least three months;
504	504	(C) voluntarily left the child alone or in the
505	505	possession of another without providing adequate support of the
506	506	child and remained away for a period of at least six months;
507	507	(D) knowingly placed or knowingly allowed the
508	508	child to remain in conditions or surroundings which endanger the
509	509	physical or emotional well-being of the child;
510	510	(E) engaged in conduct or knowingly placed the
511	511	child with persons who engaged in conduct which endangers the
512	512	physical or emotional well-being of the child;
513	513	(F) failed to support the child in accordance
514	514	with the parent's ability during a period of one year ending within
515	515	six months of the date of the filing of the petition;
516	516	(G) abandoned the child without identifying the
517	517	child or furnishing means of identification, and the child's
518	518	identity cannot be ascertained by the exercise of reasonable
519	519	diligence;
520	520	(H) voluntarily, and with knowledge of the
521	521	pregnancy, abandoned the mother of the child beginning at a time
522	522	during her pregnancy with the child and continuing through the
523	523	birth, failed to provide adequate support or medical care for the
524	524	mother during the period of abandonment before the birth of the
525	525	child, and remained apart from the child or failed to support the
526	526	child since the birth;
527	527	(I) contumaciously refused to submit to a
528	528	reasonable and lawful order of a court under Subchapter D, Chapter
529	529	261;
530	530	(J) been the major cause of:
531	531	(i) the failure of the child to be enrolled
532	532	in school as required by the Education Code; or
533	533	(ii) the child's absence from the child's
534	534	home without the consent of the parents or guardian for a
535	535	substantial length of time or without the intent to return;
536	536	(K) executed before or after the suit is filed an
537	537	unrevoked or irrevocable affidavit of relinquishment of parental
538	538	rights as provided by this chapter;
539	539	(L) been convicted or has been placed on
540	540	community supervision, including deferred adjudication community
541	541	supervision, for being criminally responsible for the death or
542	542	serious injury of a child under the following sections of the Penal
543	543	Code or adjudicated under Title 3 for conduct that caused the death
544	544	or serious injury of a child and that would constitute a violation
545	545	of one of the following Penal Code sections:
546	546	(i) Section 19.02 (murder);
547	547	(ii) Section 19.03 (capital murder);
548	548	(iii) Section 19.04 (manslaughter);
549	549	(iv) Section 21.11 (indecency with a
550	550	child);
551	551	(v) Section 22.01 (assault);
552	552	(vi) Section 22.011 (sexual assault);
553	553	(vii) Section 22.02 (aggravated assault);
554	554	(viii) Section 22.021 (aggravated sexual
555	555	assault);
556	556	(ix) Section 22.03(a)(3) (assault with
557	557	bodily fluids);
558	558	(x) Section 22.04 (injury to a child, elderly
559	559	individual, or disabled individual);
560	560	(xi) [(x)] Section 22.041 (abandoning or
561	561	endangering child);
562	562	(xii) [(xi)] Section 25.02 (prohibited
563	563	sexual conduct);
564	564	(xiii) [(xii)] Section 43.25 (sexual
565	565	performance by a child);
566	566	(xiv) [(xiii)] Section 43.26 (possession or
567	567	promotion of child pornography); and
568	568	(xv) [(xiv)] Section 21.02 (continuous
569	569	sexual abuse of young child or children);
570	570	(M) had his or her parent-child relationship
571	571	terminated with respect to another child based on a finding that the
572	572	parent's conduct was in violation of Paragraph (D) or (E) or
573	573	substantially equivalent provisions of the law of another state;
574	574	(N) constructively abandoned the child who has
575	575	been in the permanent or temporary managing conservatorship of the
576	576	Department of Family and Protective Services or an authorized
577	577	agency for not less than six months, and:
578	578	(i) the department or authorized agency has
579	579	made reasonable efforts to return the child to the parent;
580	580	(ii) the parent has not regularly visited
581	581	or maintained significant contact with the child; and
582	582	(iii) the parent has demonstrated an
583	583	inability to provide the child with a safe environment;
584	584	(O) failed to comply with the provisions of a
585	585	court order that specifically established the actions necessary for
586	586	the parent to obtain the return of the child who has been in the
587	587	permanent or temporary managing conservatorship of the Department
588	588	of Family and Protective Services for not less than nine months as a
589	589	result of the child's removal from the parent under Chapter 262 for
590	590	the abuse or neglect of the child;
591	591	(P) used a controlled substance, as defined by
592	592	Chapter 481, Health and Safety Code, in a manner that endangered the
593	593	health or safety of the child, and:
594	594	(i) failed to complete a court-ordered
595	595	substance abuse treatment program; or
596	596	(ii) after completion of a court-ordered
597	597	substance abuse treatment program, continued to abuse a controlled
598	598	substance;
599	599	(Q) knowingly engaged in criminal conduct that
600	600	has resulted in the parent's:
601	601	(i) conviction of an offense; and
602	602	(ii) confinement or imprisonment and
603	603	inability to care for the child for not less than two years from the
604	604	date of filing the petition;
605	605	(R) been the cause of the child being born
606	606	addicted to alcohol or a controlled substance, other than a
607	607	controlled substance legally obtained by prescription, as defined
608	608	by Section 261.001;
609	609	(S) voluntarily delivered the child to a
610	610	designated emergency infant care provider under Section 262.302
611	611	without expressing an intent to return for the child; or
612	612	(T) been convicted of the murder of the other
613	613	parent of the child under Section 19.02 or 19.03, Penal Code, or
614	614	under a law of another state, federal law, the law of a foreign
615	615	country, or the Uniform Code of Military Justice that contains
616	616	elements that are substantially similar to the elements of an
617	617	offense under Section 19.02 or 19.03, Penal Code; and
618	618	(2) that termination is in the best interest of the
619	619	child.
620	620	SECTION 20. Section 161.007, Family Code, is amended to
621	621	read as follows:
622	622	Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
623	623	CRIMINAL ACT. The court may order the termination of the
624	624	parent-child relationship of a parent and a child if the court finds
625	625	that:
626	626	(1) the parent has been convicted of an offense
627	627	committed under Section 21.02, 22.011, 22.021, 22.03(a)(3), or
628	628	25.02, Penal Code;
629	629	(2) as a direct result of the commission of the offense
630	630	by the parent, the victim of the offense became pregnant with the
631	631	parent's child; and
632	632	(3) termination is in the best interest of the child.
633	633	SECTION 21. Section 261.001(1), Family Code, is amended to
634	634	read as follows:
635	635	(1) "Abuse" includes the following acts or omissions
636	636	by a person:
637	637	(A) mental or emotional injury to a child that
638	638	results in an observable and material impairment in the child's
639	639	growth, development, or psychological functioning;
640	640	(B) causing or permitting the child to be in a
641	641	situation in which the child sustains a mental or emotional injury
642	642	that results in an observable and material impairment in the
643	643	child's growth, development, or psychological functioning;
644	644	(C) physical injury that results in substantial
645	645	harm to the child, or the genuine threat of substantial harm from
646	646	physical injury to the child, including an injury that is at
647	647	variance with the history or explanation given and excluding an
648	648	accident or reasonable discipline by a parent, guardian, or
649	649	managing or possessory conservator that does not expose the child
650	650	to a substantial risk of harm;
651	651	(D) failure to make a reasonable effort to
652	652	prevent an action by another person that results in physical injury
653	653	that results in substantial harm to the child;
654	654	(E) sexual conduct harmful to a child's mental,
655	655	emotional, or physical welfare, including conduct that constitutes
656	656	the offense of continuous sexual abuse of young child or children
657	657	under Section 21.02, Penal Code, indecency with a child under
658	658	Section 21.11, Penal Code, sexual assault under Section 22.011,
659	659	Penal Code, [or] aggravated sexual assault under Section 22.021,
660	660	Penal Code, or assault with bodily fluids under Section
661	661	22.03(a)(3), Penal Code;
662	662	(F) failure to make a reasonable effort to
663	663	prevent sexual conduct harmful to a child;
664	664	(G) compelling or encouraging the child to engage
665	665	in sexual conduct as defined by Section 43.01, Penal Code;
666	666	(H) causing, permitting, encouraging, engaging
667	667	in, or allowing the photographing, filming, or depicting of the
668	668	child if the person knew or should have known that the resulting
669	669	photograph, film, or depiction of the child is obscene as defined by
670	670	Section 43.21, Penal Code, or pornographic;
671	671	(I) the current use by a person of a controlled
672	672	substance as defined by Chapter 481, Health and Safety Code, in a
673	673	manner or to the extent that the use results in physical, mental, or
674	674	emotional injury to a child;
675	675	(J) causing, expressly permitting, or
676	676	encouraging a child to use a controlled substance as defined by
677	677	Chapter 481, Health and Safety Code; or
678	678	(K) causing, permitting, encouraging, engaging
679	679	in, or allowing a sexual performance by a child as defined by
680	680	Section 43.25, Penal Code.
681	681	SECTION 22. Section 262.2015(b), Family Code, is amended to
682	682	read as follows:
683	683	(b) The court may find under Subsection (a) that a parent
684	684	has subjected the child to aggravated circumstances if:
685	685	(1) the parent abandoned the child without
686	686	identification or a means for identifying the child;
687	687	(2) the child is a victim of serious bodily injury or
688	688	sexual abuse inflicted by the parent or by another person with the
689	689	parent's consent;
690	690	(3) the parent has engaged in conduct against the
691	691	child that would constitute an offense under the following
692	692	provisions of the Penal Code:
693	693	(A) Section 19.02 (murder);
694	694	(B) Section 19.03 (capital murder);
695	695	(C) Section 19.04 (manslaughter);
696	696	(D) Section 21.11 (indecency with a child);
697	697	(E) Section 22.011 (sexual assault);
698	698	(F) Section 22.02 (aggravated assault);
699	699	(G) Section 22.021 (aggravated sexual assault);
700	700	(H) Section 22.03(a)(3) (assault with bodily
701	701	fluids);
702	702	(I) Section 22.04 (injury to a child, elderly
703	703	individual, or disabled individual);
704	704	(J) [(I)] Section 22.041 (abandoning or
705	705	endangering child);
706	706	(K) [(J)] Section 25.02 (prohibited sexual
707	707	conduct);
708	708	(L) [(K)] Section 43.25 (sexual performance by a
709	709	child);
710	710	(M) [(L)] Section 43.26 (possession or promotion
711	711	of child pornography); or
712	712	(N) [(M)] Section 21.02 (continuous sexual abuse
713	713	of young child or children);
714	714	(4) the parent voluntarily left the child alone or in
715	715	the possession of another person not the parent of the child for at
716	716	least six months without expressing an intent to return and without
717	717	providing adequate support for the child;
718	718	(5) the parent's parental rights with regard to
719	719	another child have been involuntarily terminated based on a finding
720	720	that the parent's conduct violated Section 161.001(1)(D) or (E) or
721	721	a substantially equivalent provision of another state's law;
722	722	(6) the parent has been convicted for:
723	723	(A) the murder of another child of the parent and
724	724	the offense would have been an offense under 18 U.S.C. Section
725	725	1111(a) if the offense had occurred in the special maritime or
726	726	territorial jurisdiction of the United States;
727	727	(B) the voluntary manslaughter of another child
728	728	of the parent and the offense would have been an offense under 18
729	729	U.S.C. Section 1112(a) if the offense had occurred in the special
730	730	maritime or territorial jurisdiction of the United States;
731	731	(C) aiding or abetting, attempting, conspiring,
732	732	or soliciting an offense under Subdivision (A) or (B); or
733	733	(D) the felony assault of the child or another
734	734	child of the parent that resulted in serious bodily injury to the
735	735	child or another child of the parent; or
736	736	(7) the parent's parental rights with regard to two
737	737	other children have been involuntarily terminated.
738	738	SECTION 23. Section 411.1471(a), Government Code, is
739	739	amended to read as follows:
740	740	(a) This section applies to a defendant who is:
741	741	(1) indicted or waives indictment for a felony
742	742	prohibited or punishable under any of the following Penal Code
743	743	sections:
744	744	(A) Section 20.04(a)(4);
745	745	(B) Section 21.11;
746	746	(C) Section 22.011;
747	747	(D) Section 22.021;
748	748	(E) Section 22.03(a)(2) or (3);
749	749	(F) Section 25.02;
750	750	(G) [(F)] Section 30.02(d);
751	751	(H) [(G)] Section 43.05;
752	752	(I) [(H)] Section 43.25;
753	753	(J) [(I)] Section 43.26; or
754	754	(K) [(J)] Section 21.02;
755	755	(2) arrested for a felony described by Subdivision (1)
756	756	after having been previously convicted of or placed on deferred
757	757	adjudication for an offense described by Subdivision (1) or an
758	758	offense punishable under Section 30.02(c)(2), Penal Code; or
759	759	(3) convicted of an offense under Section 21.07 or
760	760	21.08, Penal Code.
761	761	SECTION 24. Section 420.003(4), Government Code, is amended
762	762	to read as follows:
763	763	(4) "Sexual assault" means any act or attempted act as
764	764	described by Section 21.02, 21.11, 22.011, 22.021, 22.03(a)(2) or
765	765	(3), or 25.02, Penal Code.
766	766	SECTION 25. Section 501.061(a), Government Code, is amended
767	767	to read as follows:
768	768	(a) A physician employed or retained by the department may
769	769	perform an orchiectomy on an inmate only if:
770	770	(1) the inmate has been convicted of an offense under
771	771	Section 21.02, 21.11, 22.011(a)(2), [or] 22.021(a)(2)(B), or
772	772	22.03(a)(3), Penal Code, and has previously been convicted under
773	773	one or more of those sections;
774	774	(2) the inmate is 21 years of age or older;
775	775	(3) the inmate requests the procedure in writing;
776	776	(4) the inmate signs a statement admitting the inmate
777	777	committed the offense described by Subsection (a)(1) for which the
778	778	inmate has been convicted;
779	779	(5) a psychiatrist and a psychologist who are
780	780	appointed by the department and have experience in the treatment of
781	781	sex offenders:
782	782	(A) evaluate the inmate and determine that the
783	783	inmate is a suitable candidate for the procedure; and
784	784	(B) counsel the inmate before the inmate
785	785	undergoes the procedure;
786	786	(6) the physician obtains the inmate's informed,
787	787	written consent to undergo the procedure;
788	788	(7) the inmate has not previously requested that the
789	789	department perform the procedure and subsequently withdrawn the
790	790	request; and
791	791	(8) the inmate consults with a monitor as provided by
792	792	Subsection (f).
793	793	SECTION 26. Section 508.046, Government Code, is amended to
794	794	read as follows:
795	795	Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
796	796	parole an inmate who was convicted of an offense under Section
797	797	21.02, 21.11(a)(1), [or] 22.021, or 22.03(a)(3), Penal Code, or who
798	798	is required under Section 508.145(c) to serve 35 calendar years
799	799	before becoming eligible for release on parole, all members of the
800	800	board must vote on the release on parole of the inmate, and at least
801	801	two-thirds of the members must vote in favor of the release on
802	802	parole. A member of the board may not vote on the release unless the
803	803	member first receives a copy of a written report from the department
804	804	on the probability that the inmate would commit an offense after
805	805	being released on parole.
806	806	SECTION 27. Section 508.145(d), Government Code, is amended
807	807	to read as follows:
808	808	(d) An inmate serving a sentence for an offense described by
809	809	Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or
810	810	(K), Article 42.12, Code of Criminal Procedure, or for an offense
811	811	for which the judgment contains an affirmative finding under
812	812	Section 3g(a)(2) of that article, is not eligible for release on
813	813	parole until the inmate's actual calendar time served, without
814	814	consideration of good conduct time, equals one-half of the sentence
815	815	or 30 calendar years, whichever is less, but in no event is the
816	816	inmate eligible for release on parole in less than two calendar
817	817	years.
818	818	SECTION 28. Section 508.149(a), Government Code, is amended
819	819	to read as follows:
820	820	(a) An inmate may not be released to mandatory supervision
821	821	if the inmate is serving a sentence for or has been previously
822	822	convicted of:
823	823	(1) an offense for which the judgment contains an
824	824	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
825	825	Criminal Procedure;
826	826	(2) a first degree felony or a second degree felony
827	827	under Section 19.02, Penal Code;
828	828	(3) a capital felony under Section 19.03, Penal Code;
829	829	(4) a first degree felony or a second degree felony
830	830	under Section 20.04, Penal Code;
831	831	(5) an offense under Section 21.11, Penal Code;
832	832	(6) a felony under Section 22.011, Penal Code;
833	833	(7) a first degree felony or a second degree felony
834	834	under Section 22.02, Penal Code;
835	835	(8) a first degree felony under Section 22.021, Penal
836	836	Code;
837	837	(9) a first degree felony under Section 22.04, Penal
838	838	Code;
839	839	(10) a first degree felony under Section 28.02, Penal
840	840	Code;
841	841	(11) a second degree felony under Section 29.02, Penal
842	842	Code;
843	843	(12) a first degree felony under Section 29.03, Penal
844	844	Code;
845	845	(13) a first degree felony under Section 30.02, Penal
846	846	Code;
847	847	(14) a felony for which the punishment is increased
848	848	under Section 481.134 or Section 481.140, Health and Safety Code;
849	849	(15) an offense under Section 43.25, Penal Code; [or]
850	850	(16) an offense under Section 21.02, Penal Code; or
851	851	(17) a felony under Section 22.03, Penal Code.
852	852	SECTION 29. Section 508.187(a), Government Code, is amended
853	853	to read as follows:
854	854	(a) This section applies only to a releasee serving a
855	855	sentence for an offense under:
856	856	(1) Section 43.25 or 43.26, Penal Code;
857	857	(2) Section 21.02, 21.11, 22.011, 22.021,
858	858	22.03(a)(3), or 25.02, Penal Code;
859	859	(3) Section 20.04(a)(4), Penal Code, if the releasee
860	860	committed the offense with the intent to violate or abuse the victim
861	861	sexually; or
862	862	(4) Section 30.02, Penal Code, punishable under
863	863	Subsection (d) of that section, if the releasee committed the
864	864	offense with the intent to commit a felony listed in Subdivision (2)
865	865	or (3).
866	866	SECTION 30. Section 508.189(a), Government Code, is amended
867	867	to read as follows:
868	868	(a) A parole panel shall require as a condition of parole or
869	869	mandatory supervision that a releasee convicted of an offense under
870	870	Section 21.02, 21.08, 21.11, 22.011, 22.021, 22.03(a)(2) or (3),
871	871	25.02, 43.25, or 43.26, Penal Code, pay to the division a parole
872	872	supervision fee of $5 each month during the period of parole
873	873	supervision.
874	874	SECTION 31. Section 242.126(c), Health and Safety Code, is
875	875	amended to read as follows:
876	876	(c) The agency shall begin the investigation:
877	877	(1) within 24 hours of receipt of the report or other
878	878	allegation, if the report of abuse or neglect or other complaint
879	879	alleges that:
880	880	(A) a resident's health or safety is in imminent
881	881	danger;
882	882	(B) a resident has recently died because of
883	883	conduct alleged in the report of abuse or neglect or other
884	884	complaint;
885	885	(C) a resident has been hospitalized or been
886	886	treated in an emergency room because of conduct alleged in the
887	887	report of abuse or neglect or other complaint;
888	888	(D) a resident has been a victim of any act or
889	889	attempted act described by Section 21.02, 21.11, 22.011, [or]
890	890	22.021, or 22.03(a)(2) or (3), Penal Code; or
891	891	(E) a resident has suffered bodily injury, as
892	892	that term is defined by Section 1.07, Penal Code, because of conduct
893	893	alleged in the report of abuse or neglect or other complaint; or
894	894	(2) before the end of the next working day after the
895	895	date of receipt of the report of abuse or neglect or other
896	896	complaint, if the report or complaint alleges the existence of
897	897	circumstances that could result in abuse or neglect and that could
898	898	place a resident's health or safety in imminent danger.
899	899	SECTION 32. Section 250.006(a), Health and Safety Code, is
900	900	amended to read as follows:
901	901	(a) A person for whom the facility is entitled to obtain
902	902	criminal history record information may not be employed in a
903	903	facility if the person has been convicted of an offense listed in
904	904	this subsection:
905	905	(1) an offense under Chapter 19, Penal Code (criminal
906	906	homicide);
907	907	(2) an offense under Chapter 20, Penal Code
908	908	(kidnapping and unlawful restraint);
909	909	(3) an offense under Section 21.02, Penal Code
910	910	(continuous sexual abuse of young child or children), or Section
911	911	21.11, Penal Code (indecency with a child);
912	912	(4) an offense under Section 22.011, Penal Code
913	913	(sexual assault);
914	914	(5) an offense under Section 22.02, Penal Code
915	915	(aggravated assault), or Section 22.03(a)(2) or (3), Penal Code
916	916	(assault with bodily fluids);
917	917	(6) an offense under Section 22.04, Penal Code (injury
918	918	to a child, elderly individual, or disabled individual);
919	919	(7) an offense under Section 22.041, Penal Code
920	920	(abandoning or endangering child);
921	921	(8) an offense under Section 22.08, Penal Code (aiding
922	922	suicide);
923	923	(9) an offense under Section 25.031, Penal Code
924	924	(agreement to abduct from custody);
925	925	(10) an offense under Section 25.08, Penal Code (sale
926	926	or purchase of a child);
927	927	(11) an offense under Section 28.02, Penal Code
928	928	(arson);
929	929	(12) an offense under Section 29.02, Penal Code
930	930	(robbery);
931	931	(13) an offense under Section 29.03, Penal Code
932	932	(aggravated robbery);
933	933	(14) an offense under Section 21.08, Penal Code
934	934	(indecent exposure);
935	935	(15) an offense under Section 21.12, Penal Code
936	936	(improper relationship between educator and student);
937	937	(16) an offense under Section 21.15, Penal Code
938	938	(improper photography or visual recording);
939	939	(17) an offense under Section 22.05, Penal Code
940	940	(deadly conduct);
941	941	(18) an offense under Section 22.021, Penal Code
942	942	(aggravated sexual assault);
943	943	(19) an offense under Section 22.07, Penal Code
944	944	(terroristic threat);
945	945	(20) an offense under Section 33.021, Penal Code
946	946	(online solicitation of a minor);
947	947	(21) an offense under Section 34.02, Penal Code (money
948	948	laundering);
949	949	(22) an offense under Section 35A.02, Penal Code
950	950	(Medicaid fraud);
951	951	(23) an offense under Section 42.09, Penal Code
952	952	(cruelty to animals); or
953	953	(24) a conviction under the laws of another state,
954	954	federal law, or the Uniform Code of Military Justice for an offense
955	955	containing elements that are substantially similar to the elements
956	956	of an offense listed by this subsection.
957	957	SECTION 33. Section 841.002(8), Health and Safety Code, is
958	958	amended to read as follows:
959	959	(8) "Sexually violent offense" means:
960	960	(A) an offense under Section 21.02, 21.11(a)(1),
961	961	22.011, [or] 22.021, or 22.03(a)(2) or (3), Penal Code;
962	962	(B) an offense under Section 20.04(a)(4), Penal
963	963	Code, if the person committed the offense with the intent to violate
964	964	or abuse the victim sexually;
965	965	(C) an offense under Section 30.02, Penal Code,
966	966	if the offense is punishable under Subsection (d) of that section
967	967	and the person committed the offense with the intent to commit an
968	968	offense listed in Paragraph (A) or (B);
969	969	(D) an offense under Section 19.02 or 19.03,
970	970	Penal Code, that, during the guilt or innocence phase or the
971	971	punishment phase for the offense, during the adjudication or
972	972	disposition of delinquent conduct constituting the offense, or
973	973	subsequently during a civil commitment proceeding under Subchapter
974	974	D, is determined beyond a reasonable doubt to have been based on
975	975	sexually motivated conduct;
976	976	(E) an attempt, conspiracy, or solicitation, as
977	977	defined by Chapter 15, Penal Code, to commit an offense listed in
978	978	Paragraph (A), (B), (C), or (D);
979	979	(F) an offense under prior state law that
980	980	contains elements substantially similar to the elements of an
981	981	offense listed in Paragraph (A), (B), (C), (D), or (E); or
982	982	(G) an offense under the law of another state,
983	983	federal law, or the Uniform Code of Military Justice that contains
984	984	elements substantially similar to the elements of an offense listed
985	985	in Paragraph (A), (B), (C), (D), or (E).
986	986	SECTION 34. (a) Except as provided by Subsection (b) of this
987	987	section, the change in law made by this Act applies only to an
988	988	offense committed on or after the effective date of this Act. An
989	989	offense committed before the effective date of this Act is governed
990	990	by the law in effect when the offense was committed, and the former
991	991	law is continued in effect for that purpose. For purposes of this
992	992	subsection, an offense was committed before the effective date of
993	993	this Act if any element of the offense was committed before that
994	994	date.
995	995	(b) The change in law made by this Act to Section 841.002,
996	996	Health and Safety Code, applies only to an individual who on or
997	997	after the effective date of this Act is serving a sentence in the
998	998	Texas Department of Criminal Justice or is committed to the
999	999	Department of State Health Services or the Department of Aging and
1000	1000	Disability Services for an offense committed before, on, or after
1001	1001	the effective date of this Act.
1002	1002	SECTION 35. This Act takes effect September 1, 2009.