Texas 2011 - 82nd Regular

Texas House Bill HB7 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R7940 GCB-D
2	2	By: Thompson, Jackson, Madden, Harless, H.B. No. 7
3	3	Menendez, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the prosecution, punishment, and certain criminal and
9	9	civil consequences of offenses involving or related to the
10	10	trafficking of persons and to certain protections for victims of
11	11	those offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. TRAFFICKING OF PERSONS AND COMPELLING PROSTITUTION
14	14	SECTION 1.01. Section 20A.01, Penal Code, is amended to
15	15	read as follows:
16	16	Sec. 20A.01. DEFINITIONS. In this chapter:
17	17	(1) "Child" means a person younger than 18 years of
18	18	age.
19	19	(2) "Forced labor or services" means labor or
20	20	services, other than labor or services that constitute sexual
21	21	conduct [including conduct that constitutes an offense under
22	22	Section 43.02], that are performed or provided by another person
23	23	and obtained through an actor's use of force, fraud, or coercion [:
24	24	[(A) causing or threatening to cause bodily
25	25	injury to the person or another person or otherwise causing the
26	26	person performing or providing labor or services to believe that
27	27	the person or another person will suffer bodily injury;
28	28	[(B) restraining or threatening to restrain the
29	29	person or another person in a manner described by Section 20.01(1)
30	30	or causing the person performing or providing labor or services to
31	31	believe that the person or another person will be restrained;
32	32	[(C) knowingly destroying, concealing, removing,
33	33	confiscating, or withholding from the person or another person, or
34	34	threatening to destroy, conceal, remove, confiscate, or withhold
35	35	from the person or another person, the person's actual or
36	36	purported:
37	37	[(i) government records;
38	38	[(ii) identifying information; or
39	39	[(iii) personal property;
40	40	[(D) threatening the person with abuse of the law
41	41	or the legal process in relation to the person or another person;
42	42	[(E) threatening to report the person or another
43	43	person to immigration officials or other law enforcement officials
44	44	or otherwise blackmailing or extorting the person or another
45	45	person;
46	46	[(F) exerting financial control over the person
47	47	or another person by placing the person or another person under the
48	48	actor's control as security for a debt to the extent that:
49	49	[(i) the value of the services provided by
50	50	the person or another person as reasonably assessed is not applied
51	51	toward the liquidation of the debt;
52	52	[(ii) the duration of the services provided
53	53	by the person or another person is not limited and the nature of the
54	54	services provided by the person or another person is not defined; or
55	55	[(iii) the principal amount of the debt
56	56	does not reasonably reflect the value of the items or services for
57	57	which the debt was incurred; or
58	58	[(G) using any scheme, plan, or pattern intended
59	59	to cause the person to believe that the person or another person
60	60	will be subjected to serious harm or restraint if the person does
61	61	not perform or provide the labor or services].
62	62	(3) "Sexual conduct" has the meaning assigned by
63	63	Section 43.25.
64	64	(4) [(2)] "Traffic" means to transport, entice,
65	65	recruit, harbor, provide, or otherwise obtain another person by any
66	66	means.
67	67	SECTION 1.02. Section 20A.02, Penal Code, is amended by
68	68	amending Subsections (a) and (b) and adding Subsection (d) to read
69	69	as follows:
70	70	(a) A person commits an offense if the person knowingly:
71	71	(1) traffics another person with the intent [or
72	72	knowledge] that the trafficked person [will] engage in forced labor
73	73	or services; [or]
74	74	(2) receives a benefit [benefits] from participating
75	75	in a venture that involves an activity described by Subdivision
76	76	(1), including by receiving labor or services the person knows are
77	77	forced labor or services;
78	78	(3) traffics another person and, through force, fraud,
79	79	or coercion, causes the trafficked person to engage in conduct
80	80	prohibited by:
81	81	(A) Section 43.02 (Prostitution);
82	82	(B) Section 43.03 (Promotion of Prostitution);
83	83	(C) Section 43.04 (Aggravated Promotion of
84	84	Prostitution); or
85	85	(D) Section 43.05 (Compelling Prostitution);
86	86	(4) receives a benefit from participating in a venture
87	87	that involves an activity described by Subdivision (3) or engages
88	88	in sexual conduct with a person trafficked in the manner described
89	89	in Subdivision (3);
90	90	(5) traffics a child with the intent that the
91	91	trafficked child engage in forced labor or services;
92	92	(6) receives a benefit from participating in a venture
93	93	that involves an activity described by Subdivision (5), including
94	94	by receiving labor or services the person knows are forced labor or
95	95	services;
96	96	(7) traffics a child and by any means causes the
97	97	trafficked child to engage in, or become the victim of, conduct
98	98	prohibited by:
99	99	(A) Section 21.02 (Continuous Sexual Abuse of
100	100	Young Child or Children);
101	101	(B) Section 21.11 (Indecency with a Child);
102	102	(C) Section 22.011 (Sexual Assault);
103	103	(D) Section 22.021 (Aggravated Sexual Assault);
104	104	(E) Section 43.02 (Prostitution);
105	105	(F) Section 43.03 (Promotion of Prostitution);
106	106	(G) Section 43.04 (Aggravated Promotion of
107	107	Prostitution);
108	108	(H) Section 43.05 (Compelling Prostitution);
109	109	(I) Section 43.25 (Sexual Performance by a
110	110	Child);
111	111	(J) Section 43.251 (Employment Harmful to
112	112	Children); or
113	113	(K) Section 43.26 (Possession or Promotion of
114	114	Child Pornography); or
115	115	(8) receives a benefit from participating in a venture
116	116	that involves an activity described by Subdivision (7) or engages
117	117	in sexual conduct with a child trafficked in the manner described in
118	118	Subdivision (7).
119	119	(b) Except as otherwise provided by this subsection, an
120	120	offense under this section is a felony of the second degree. An
121	121	offense under this section is a felony of the first degree if:
122	122	(1) the applicable conduct constitutes an offense
123	123	under Subsection (a)(5), (6), (7), or (8) [Section 43.05 or 43.25
124	124	and the person who is trafficked is a child younger than 18 years of
125	125	age at the time of the offense], regardless of whether the actor
126	126	knows the age of the child at the time the actor commits the
127	127	offense; or
128	128	(2) the commission of the offense results in the death
129	129	of the person who is trafficked.
130	130	(d) If the victim of an offense under Subsection (a)(7)(A)
131	131	is the same victim as a victim of an offense under Section 21.02, a
132	132	defendant may not be convicted of the offense under Section 21.02 in
133	133	the same criminal action as the offense under Subsection (a)(7)(A)
134	134	unless the offense under Section 21.02:
135	135	(1) is charged in the alternative;
136	136	(2) occurred outside the period in which the offense
137	137	alleged under Subsection (a)(7)(A) was committed; or
138	138	(3) is considered by the trier of fact to be a lesser
139	139	included offense of the offense alleged under Subsection (a)(7)(A).
140	140	SECTION 1.03. Section 43.05(b), Penal Code, is amended to
141	141	read as follows:
142	142	(b) An offense under Subsection (a)(1) [this section] is a
143	143	felony of the second degree. An offense under Subsection (a)(2) is
144	144	a felony of the first degree.
145	145	ARTICLE 2. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
146	146	SECTION 2.01. The heading to Chapter 7A, Code of Criminal
147	147	Procedure, is amended to read as follows:
148	148	CHAPTER 7A. PROTECTIVE ORDER FOR CERTAIN VICTIMS [VICTIM] OF
149	149	TRAFFICKING OR SEXUAL ASSAULT
150	150	SECTION 2.02. Article 7A.01(a), Code of Criminal Procedure,
151	151	is amended to read as follows:
152	152	(a) The following persons [A person who is the victim of an
153	153	offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code,
154	154	a parent or guardian acting on behalf of a person younger than 17
155	155	years of age who is the victim of such an offense, or a prosecuting
156	156	attorney acting on behalf of the person] may file an application for
157	157	a protective order under this chapter without regard to the
158	158	relationship between the applicant and the alleged offender:
159	159	(1) a person who is the victim of an offense under
160	160	Section 21.02, 21.11, 22.011, or 22.021, Penal Code;
161	161	(2) a person who is the victim of an offense under
162	162	Section 20A.02(a)(3), (4), (7), or (8) or Section 43.05, Penal
163	163	Code;
164	164	(3) a parent or guardian acting on behalf of a person
165	165	younger than 18 years of age who is the victim of an offense listed
166	166	in Subdivision (1) or (2); or
167	167	(4) a prosecuting attorney acting on behalf of a
168	168	person described by Subdivision (1) or (2).
169	169	SECTION 2.03. Article 12.01, Code of Criminal Procedure, is
170	170	amended to read as follows:
171	171	Art. 12.01. FELONIES. Except as provided in Article 12.03,
172	172	felony indictments may be presented within these limits, and not
173	173	afterward:
174	174	(1) no limitation:
175	175	(A) murder and manslaughter;
176	176	(B) sexual assault under Section 22.011(a)(2),
177	177	Penal Code, or aggravated sexual assault under Section
178	178	22.021(a)(1)(B), Penal Code;
179	179	(C) sexual assault, if during the investigation
180	180	of the offense biological matter is collected and subjected to
181	181	forensic DNA testing and the testing results show that the matter
182	182	does not match the victim or any other person whose identity is
183	183	readily ascertained;
184	184	(D) continuous sexual abuse of young child or
185	185	children under Section 21.02, Penal Code;
186	186	(E) indecency with a child under Section 21.11,
187	187	Penal Code; [or]
188	188	(F) an offense involving leaving the scene of an
189	189	accident under Section 550.021, Transportation Code, if the
190	190	accident resulted in the death of a person; or
191	191	(G) trafficking of persons under Section
192	192	20A.02(a)(7) or (8), Penal Code;
193	193	(2) ten years from the date of the commission of the
194	194	offense:
195	195	(A) theft of any estate, real, personal or mixed,
196	196	by an executor, administrator, guardian or trustee, with intent to
197	197	defraud any creditor, heir, legatee, ward, distributee,
198	198	beneficiary or settlor of a trust interested in such estate;
199	199	(B) theft by a public servant of government
200	200	property over which he exercises control in his official capacity;
201	201	(C) forgery or the uttering, using or passing of
202	202	forged instruments;
203	203	(D) injury to an elderly or disabled individual
204	204	punishable as a felony of the first degree under Section 22.04,
205	205	Penal Code;
206	206	(E) sexual assault, except as provided by
207	207	Subdivision (1); [or]
208	208	(F) arson;
209	209	(G) trafficking of persons under Section
210	210	20A.02(a)(1), (2), (3), or (4), Penal Code; or
211	211	(H) compelling prostitution under Section
212	212	43.05(a)(1), Penal Code;
213	213	(3) seven years from the date of the commission of the
214	214	offense:
215	215	(A) misapplication of fiduciary property or
216	216	property of a financial institution;
217	217	(B) securing execution of document by deception;
218	218	(C) a felony violation under Chapter 162, Tax
219	219	Code;
220	220	(D) false statement to obtain property or credit
221	221	under Section 32.32, Penal Code;
222	222	(E) money laundering;
223	223	(F) credit card or debit card abuse under Section
224	224	32.31, Penal Code; or
225	225	(G) fraudulent use or possession of identifying
226	226	information under Section 32.51, Penal Code;
227	227	(4) five years from the date of the commission of the
228	228	offense:
229	229	(A) theft or robbery;
230	230	(B) except as provided by Subdivision (5),
231	231	kidnapping or burglary;
232	232	(C) injury to an elderly or disabled individual
233	233	that is not punishable as a felony of the first degree under Section
234	234	22.04, Penal Code;
235	235	(D) abandoning or endangering a child; or
236	236	(E) insurance fraud;
237	237	(5) if the investigation of the offense shows that the
238	238	victim is younger than 17 years of age at the time the offense is
239	239	committed, 20 years from the 18th birthday of the victim of one of
240	240	the following offenses:
241	241	(A) sexual performance by a child under Section
242	242	43.25, Penal Code;
243	243	(B) aggravated kidnapping under Section
244	244	20.04(a)(4), Penal Code, if the defendant committed the offense
245	245	with the intent to violate or abuse the victim sexually; or
246	246	(C) burglary under Section 30.02, Penal Code, if
247	247	the offense is punishable under Subsection (d) of that section and
248	248	the defendant committed the offense with the intent to commit an
249	249	offense described by Subdivision (1)(B) or (D) of this article or
250	250	Paragraph (B) of this subdivision;
251	251	(6) ten years from the 18th birthday of the victim of
252	252	the offense:
253	253	(A) trafficking of persons under Section
254	254	20A.02(a)(5) or (6), Penal Code;
255	255	(B) injury to a child under Section 22.04, Penal
256	256	Code; or
257	257	(C) compelling prostitution under Section
258	258	43.05(a)(2), Penal Code; or
259	259	(7) three years from the date of the commission of the
260	260	offense: all other felonies.
261	261	SECTION 2.04. Article 13.12, Code of Criminal Procedure, is
262	262	amended to read as follows:
263	263	Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, AND
264	264	KIDNAPPING. Venue for trafficking of persons, false imprisonment,
265	265	and kidnapping is in:
266	266	(1) [either] the county in which the offense was
267	267	committed;[,] or
268	268	(2) [in] any county through, into, or out of which the
269	269	person trafficked, falsely imprisoned, or kidnapped may have been
270	270	taken.
271	271	SECTION 2.05. Article 38.07(a), Code of Criminal Procedure,
272	272	is amended to read as follows:
273	273	(a) A conviction under Chapter 21, Section 20A.02(a)(3),
274	274	(4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is
275	275	supportable on the uncorroborated testimony of the victim of the
276	276	sexual offense if the victim informed any person, other than the
277	277	defendant, of the alleged offense within one year after the date on
278	278	which the offense is alleged to have occurred.
279	279	SECTION 2.06. Section 1, Article 38.071, Code of Criminal
280	280	Procedure, is amended to read as follows:
281	281	Sec. 1. This article applies only to a hearing or proceeding
282	282	in which the court determines that a child younger than 13 years of
283	283	age would be unavailable to testify in the presence of the defendant
284	284	about an offense defined by any of the following sections of the
285	285	Penal Code:
286	286	(1) Section 19.02 (Murder);
287	287	(2) Section 19.03 (Capital Murder);
288	288	(3) Section 19.04 (Manslaughter);
289	289	(4) Section 20.04 (Aggravated Kidnapping);
290	290	(5) Section 21.11 (Indecency with a Child);
291	291	(6) Section 22.011 (Sexual Assault);
292	292	(7) Section 22.02 (Aggravated Assault);
293	293	(8) Section 22.021 (Aggravated Sexual Assault);
294	294	(9) Section 22.04(e) (Injury to a Child, Elderly
295	295	Individual, or Disabled Individual);
296	296	(10) Section 22.04(f) (Injury to a Child, Elderly
297	297	Individual, or Disabled Individual), if the conduct is committed
298	298	intentionally or knowingly;
299	299	(11) Section 25.02 (Prohibited Sexual Conduct);
300	300	(12) Section 29.03 (Aggravated Robbery);
301	301	(13) Section 43.25 (Sexual Performance by a Child);
302	302	[or]
303	303	(14) Section 21.02 (Continuous Sexual Abuse of Young
304	304	Child or Children);
305	305	(15) Section 43.05(a)(2) (Compelling Prostitution);
306	306	or
307	307	(16) Section 20A.02(a)(7) or (8) (Trafficking of
308	308	Persons).
309	309	SECTION 2.07. Section 1, Article 38.072, Code of Criminal
310	310	Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B.
311	311	2846), Acts of the 81st Legislature, Regular Session, 2009, is
312	312	reenacted and amended to read as follows:
313	313	Sec. 1. This article applies to a proceeding in the
314	314	prosecution of an offense under any of the following provisions of
315	315	the Penal Code, if committed against a child younger than 14 years
316	316	of age:
317	317	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
318	318	Offenses);
319	319	(2) Section 25.02 (Prohibited Sexual Conduct);
320	320	(3) Section 43.25 (Sexual Performance by a Child);
321	321	[or]
322	322	(4) Section 43.05(a)(2) (Compelling Prostitution);
323	323	(5) Section 20A.02(a)(7) or (8) (Trafficking of
324	324	Persons); or
325	325	(6) Section 15.01 (Criminal Attempt), if the offense
326	326	attempted is described by Subdivision (1), (2), [or] (3), (4), or
327	327	(5) of this section.
328	328	SECTION 2.08. Section 1, Article 38.37, Code of Criminal
329	329	Procedure, is amended to read as follows:
330	330	Sec. 1. This article applies to a proceeding in the
331	331	prosecution of a defendant for an offense, or an attempt or
332	332	conspiracy to commit an offense, under the following provisions of
333	333	the Penal Code:
334	334	(1) [,] if committed against a child under 17 years of
335	335	age:
336	336	(A) [(1)] Chapter 21 (Sexual Offenses);
337	337	(B) [(2)] Chapter 22 (Assaultive Offenses); or
338	338	(C) [(3)] Section 25.02 (Prohibited Sexual
339	339	Conduct); or
340	340	(2) if committed against a person younger than 18
341	341	years of age:
342	342	(A) [(4)] Section 43.25 (Sexual Performance by a
343	343	Child); [or]
344	344	(B) Section 20A.02(a)(7) or (8); or
345	345	(C) Section 43.05(a)(2) (Compelling
346	346	Prostitution) [(5) an attempt or conspiracy to commit an offense
347	347	listed in this section].
348	348	SECTION 2.09. Section 3g(a), Article 42.12, Code of
349	349	Criminal Procedure, is amended to read as follows:
350	350	(a) The provisions of Section 3 of this article do not
351	351	apply:
352	352	(1) to a defendant adjudged guilty of an offense
353	353	under:
354	354	(A) Section 19.02, Penal Code (Murder);
355	355	(B) Section 19.03, Penal Code (Capital murder);
356	356	(C) Section 21.11(a)(1), Penal Code (Indecency
357	357	with a child);
358	358	(D) Section 20.04, Penal Code (Aggravated
359	359	kidnapping);
360	360	(E) Section 22.021, Penal Code (Aggravated
361	361	sexual assault);
362	362	(F) Section 29.03, Penal Code (Aggravated
363	363	robbery);
364	364	(G) Chapter 481, Health and Safety Code, for
365	365	which punishment is increased under:
366	366	(i) Section 481.140, Health and Safety
367	367	Code; or
368	368	(ii) Section 481.134(c), (d), (e), or (f),
369	369	Health and Safety Code, if it is shown that the defendant has been
370	370	previously convicted of an offense for which punishment was
371	371	increased under any of those subsections;
372	372	(H) Section 22.011, Penal Code (Sexual assault);
373	373	(I) Section 22.04(a)(1), Penal Code (Injury to a
374	374	child, elderly individual, or disabled individual), if the offense
375	375	is punishable as a felony of the first degree and the victim of the
376	376	offense is a child;
377	377	(J) Section 43.25, Penal Code (Sexual
378	378	performance by a child); [or]
379	379	(K) Section 15.03, Penal Code, if the offense is
380	380	punishable as a felony of the first degree;
381	381	(L) Section 43.05, Penal Code (Compelling
382	382	prostitution); or
383	383	(M) Section 20A.02, Penal Code (Trafficking of
384	384	persons); or
385	385	(2) to a defendant when it is shown that a deadly
386	386	weapon as defined in Section 1.07, Penal Code, was used or exhibited
387	387	during the commission of a felony offense or during immediate
388	388	flight therefrom, and that the defendant used or exhibited the
389	389	deadly weapon or was a party to the offense and knew that a deadly
390	390	weapon would be used or exhibited. On an affirmative finding under
391	391	this subdivision, the trial court shall enter the finding in the
392	392	judgment of the court. On an affirmative finding that the deadly
393	393	weapon was a firearm, the court shall enter that finding in its
394	394	judgment.
395	395	SECTION 2.10. Article 62.001(5), Code of Criminal
396	396	Procedure, is amended to read as follows:
397	397	(5) "Reportable conviction or adjudication" means a
398	398	conviction or adjudication, including an adjudication of
399	399	delinquent conduct or a deferred adjudication, that, regardless of
400	400	the pendency of an appeal, is a conviction for or an adjudication
401	401	for or based on:
402	402	(A) a violation of Section 21.02 (Continuous
403	403	sexual abuse of young child or children), 21.11 (Indecency with a
404	404	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
405	405	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
406	406	(B) a violation of Section 43.05 (Compelling
407	407	prostitution), 43.25 (Sexual performance by a child), or 43.26
408	408	(Possession or promotion of child pornography), Penal Code;
409	409	(C) a violation of Section 20.04(a)(4)
410	410	(Aggravated kidnapping), Penal Code, if the actor committed the
411	411	offense or engaged in the conduct with intent to violate or abuse
412	412	the victim sexually;
413	413	(D) a violation of Section 30.02 (Burglary),
414	414	Penal Code, if the offense or conduct is punishable under
415	415	Subsection (d) of that section and the actor committed the offense
416	416	or engaged in the conduct with intent to commit a felony listed in
417	417	Paragraph (A) or (C);
418	418	(E) a violation of Section 20.02 (Unlawful
419	419	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
420	420	Penal Code, if, as applicable:
421	421	(i) the judgment in the case contains an
422	422	affirmative finding under Article 42.015; or
423	423	(ii) the order in the hearing or the papers
424	424	in the case contain an affirmative finding that the victim or
425	425	intended victim was younger than 17 years of age;
426	426	(F) the second violation of Section 21.08
427	427	(Indecent exposure), Penal Code, but not if the second violation
428	428	results in a deferred adjudication;
429	429	(G) an attempt, conspiracy, or solicitation, as
430	430	defined by Chapter 15, Penal Code, to commit an offense or engage in
431	431	conduct listed in Paragraph (A), (B), (C), (D), [or] (E), or (K);
432	432	(H) a violation of the laws of another state,
433	433	federal law, the laws of a foreign country, or the Uniform Code of
434	434	Military Justice for or based on the violation of an offense
435	435	containing elements that are substantially similar to the elements
436	436	of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
437	437	[or] (J), or (K), but not if the violation results in a deferred
438	438	adjudication;
439	439	(I) the second violation of the laws of another
440	440	state, federal law, the laws of a foreign country, or the Uniform
441	441	Code of Military Justice for or based on the violation of an offense
442	442	containing elements that are substantially similar to the elements
443	443	of the offense of indecent exposure, but not if the second violation
444	444	results in a deferred adjudication; [or]
445	445	(J) a violation of Section 33.021 (Online
446	446	solicitation of a minor), Penal Code; or
447	447	(K) a violation of Section 20A.02(a)(3), (4),
448	448	(7), or (8) (Trafficking of persons), Penal Code.
449	449	SECTION 2.11. Article 62.101(a), Code of Criminal
450	450	Procedure, is amended to read as follows:
451	451	(a) Except as provided by Subsection (b) and Subchapter I,
452	452	the duty to register for a person ends when the person dies if the
453	453	person has a reportable conviction or adjudication, other than an
454	454	adjudication of delinquent conduct, for:
455	455	(1) a sexually violent offense;
456	456	(2) an offense under Section 20A.02(a)(3), (4), (7),
457	457	or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
458	458	(3) an offense under Section 21.11(a)(2), Penal Code,
459	459	if before or after the person is convicted or adjudicated for the
460	460	offense under Section 21.11(a)(2), Penal Code, the person receives
461	461	or has received another reportable conviction or adjudication,
462	462	other than an adjudication of delinquent conduct, for an offense or
463	463	conduct that requires registration under this chapter;
464	464	(4) an offense under Section 20.02, 20.03, or 20.04,
465	465	Penal Code, if:
466	466	(A) the judgment in the case contains an
467	467	affirmative finding under Article 42.015 or, for a deferred
468	468	adjudication, the papers in the case contain an affirmative finding
469	469	that the victim or intended victim was younger than 17 years of age;
470	470	and
471	471	(B) before or after the person is convicted or
472	472	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
473	473	Penal Code, the person receives or has received another reportable
474	474	conviction or adjudication, other than an adjudication of
475	475	delinquent conduct, for an offense or conduct that requires
476	476	registration under this chapter; or
477	477	(5) an offense under Section 43.23, Penal Code, that
478	478	is punishable under Subsection (h) of that section.
479	479	ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
480	480	SECTION 3.01. Section 16.0045(a), Civil Practice and
481	481	Remedies Code, is amended to read as follows:
482	482	(a) A person must bring suit for personal injury not later
483	483	than five years after the day the cause of action accrues if the
484	484	injury arises as a result of conduct that violates:
485	485	(1) Section 22.011, Penal Code (sexual assault);
486	486	(2) Section 22.021, Penal Code (aggravated sexual
487	487	assault); [or]
488	488	(3) Section 21.02, Penal Code (continuous sexual abuse
489	489	of young child or children);
490	490	(4) Section 20A.02, Penal Code (trafficking of
491	491	persons); or
492	492	(5) Section 43.05, Penal Code (compelling
493	493	prostitution).
494	494	SECTION 3.02. Section 125.0015(a), Civil Practice and
495	495	Remedies Code, is amended to read as follows:
496	496	(a) A person who maintains a place to which persons
497	497	habitually go for the following purposes and who knowingly
498	498	tolerates the activity and furthermore fails to make reasonable
499	499	attempts to abate the activity maintains a common nuisance:
500	500	(1) discharge of a firearm in a public place as
501	501	prohibited by the Penal Code;
502	502	(2) reckless discharge of a firearm as prohibited by
503	503	the Penal Code;
504	504	(3) engaging in organized criminal activity as a
505	505	member of a combination as prohibited by the Penal Code;
506	506	(4) delivery, possession, manufacture, or use of a
507	507	controlled substance in violation of Chapter 481, Health and Safety
508	508	Code;
509	509	(5) gambling, gambling promotion, or communicating
510	510	gambling information as prohibited by the Penal Code;
511	511	(6) prostitution, promotion of prostitution, or
512	512	aggravated promotion of prostitution as prohibited by the Penal
513	513	Code;
514	514	(7) compelling prostitution as prohibited by the Penal
515	515	Code;
516	516	(8) commercial manufacture, commercial distribution,
517	517	or commercial exhibition of obscene material as prohibited by the
518	518	Penal Code;
519	519	(9) aggravated assault as described by Section 22.02,
520	520	Penal Code;
521	521	(10) sexual assault as described by Section 22.011,
522	522	Penal Code;
523	523	(11) aggravated sexual assault as described by Section
524	524	22.021, Penal Code;
525	525	(12) robbery as described by Section 29.02, Penal
526	526	Code;
527	527	(13) aggravated robbery as described by Section 29.03,
528	528	Penal Code;
529	529	(14) unlawfully carrying a weapon as described by
530	530	Section 46.02, Penal Code;
531	531	(15) murder as described by Section 19.02, Penal Code;
532	532	(16) capital murder as described by Section 19.03,
533	533	Penal Code;
534	534	(17) continuous sexual abuse of young child or
535	535	children as described by Section 21.02, Penal Code; [or]
536	536	(18) massage therapy or other massage services in
537	537	violation of Chapter 455, Occupations Code; or
538	538	(19) trafficking of persons as described by Section
539	539	20A.02, Penal Code.
540	540	ARTICLE 4. CHANGES RELATING TO FAMILY CODE, INCLUDING JUVENILE
541	541	JUSTICE CODE
542	542	SECTION 4.01. Section 54.031(a), Family Code, is amended to
543	543	read as follows:
544	544	(a) This section applies to a hearing under this title in
545	545	which a child is alleged to be a delinquent child on the basis of a
546	546	violation of any of the following provisions of the Penal Code, if a
547	547	child 12 years of age or younger or a person with a disability is the
548	548	alleged victim of the violation:
549	549	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
550	550	Offenses);
551	551	(2) Section 25.02 (Prohibited Sexual Conduct); [or]
552	552	(3) Section 43.25 (Sexual Performance by a Child);
553	553	(4) Section 20A.02(a)(7) or (8) (Trafficking of
554	554	Persons); or
555	555	(5) Section 43.05(a)(2) (Compelling Prostitution).
556	556	SECTION 4.02. Section 161.001, Family Code, is amended to
557	557	read as follows:
558	558	Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
559	559	RELATIONSHIP. The court may order termination of the parent-child
560	560	relationship if the court finds by clear and convincing evidence:
561	561	(1) that the parent has:
562	562	(A) voluntarily left the child alone or in the
563	563	possession of another not the parent and expressed an intent not to
564	564	return;
565	565	(B) voluntarily left the child alone or in the
566	566	possession of another not the parent without expressing an intent
567	567	to return, without providing for the adequate support of the child,
568	568	and remained away for a period of at least three months;
569	569	(C) voluntarily left the child alone or in the
570	570	possession of another without providing adequate support of the
571	571	child and remained away for a period of at least six months;
572	572	(D) knowingly placed or knowingly allowed the
573	573	child to remain in conditions or surroundings which endanger the
574	574	physical or emotional well-being of the child;
575	575	(E) engaged in conduct or knowingly placed the
576	576	child with persons who engaged in conduct which endangers the
577	577	physical or emotional well-being of the child;
578	578	(F) failed to support the child in accordance
579	579	with the parent's ability during a period of one year ending within
580	580	six months of the date of the filing of the petition;
581	581	(G) abandoned the child without identifying the
582	582	child or furnishing means of identification, and the child's
583	583	identity cannot be ascertained by the exercise of reasonable
584	584	diligence;
585	585	(H) voluntarily, and with knowledge of the
586	586	pregnancy, abandoned the mother of the child beginning at a time
587	587	during her pregnancy with the child and continuing through the
588	588	birth, failed to provide adequate support or medical care for the
589	589	mother during the period of abandonment before the birth of the
590	590	child, and remained apart from the child or failed to support the
591	591	child since the birth;
592	592	(I) contumaciously refused to submit to a
593	593	reasonable and lawful order of a court under Subchapter D, Chapter
594	594	261;
595	595	(J) been the major cause of:
596	596	(i) the failure of the child to be enrolled
597	597	in school as required by the Education Code; or
598	598	(ii) the child's absence from the child's
599	599	home without the consent of the parents or guardian for a
600	600	substantial length of time or without the intent to return;
601	601	(K) executed before or after the suit is filed an
602	602	unrevoked or irrevocable affidavit of relinquishment of parental
603	603	rights as provided by this chapter;
604	604	(L) been convicted or has been placed on
605	605	community supervision, including deferred adjudication community
606	606	supervision, for being criminally responsible for the death or
607	607	serious injury of a child under the following sections of the Penal
608	608	Code or adjudicated under Title 3 for conduct that caused the death
609	609	or serious injury of a child and that would constitute a violation
610	610	of one of the following Penal Code sections:
611	611	(i) Section 19.02 (murder);
612	612	(ii) Section 19.03 (capital murder);
613	613	(iii) Section 19.04 (manslaughter);
614	614	(iv) Section 21.11 (indecency with a
615	615	child);
616	616	(v) Section 22.01 (assault);
617	617	(vi) Section 22.011 (sexual assault);
618	618	(vii) Section 22.02 (aggravated assault);
619	619	(viii) Section 22.021 (aggravated sexual
620	620	assault);
621	621	(ix) Section 22.04 (injury to a child,
622	622	elderly individual, or disabled individual);
623	623	(x) Section 22.041 (abandoning or
624	624	endangering child);
625	625	(xi) Section 25.02 (prohibited sexual
626	626	conduct);
627	627	(xii) Section 43.25 (sexual performance by
628	628	a child);
629	629	(xiii) Section 43.26 (possession or
630	630	promotion of child pornography); [and]
631	631	(xiv) Section 21.02 (continuous sexual
632	632	abuse of young child or children);
633	633	(xv) Section 20A.02(a)(7) or (8)
634	634	(trafficking of persons); and
635	635	(xvi) Section 43.05(a)(2) (compelling
636	636	prostitution);
637	637	(M) had his or her parent-child relationship
638	638	terminated with respect to another child based on a finding that the
639	639	parent's conduct was in violation of Paragraph (D) or (E) or
640	640	substantially equivalent provisions of the law of another state;
641	641	(N) constructively abandoned the child who has
642	642	been in the permanent or temporary managing conservatorship of the
643	643	Department of Family and Protective Services or an authorized
644	644	agency for not less than six months, and:
645	645	(i) the department or authorized agency has
646	646	made reasonable efforts to return the child to the parent;
647	647	(ii) the parent has not regularly visited
648	648	or maintained significant contact with the child; and
649	649	(iii) the parent has demonstrated an
650	650	inability to provide the child with a safe environment;
651	651	(O) failed to comply with the provisions of a
652	652	court order that specifically established the actions necessary for
653	653	the parent to obtain the return of the child who has been in the
654	654	permanent or temporary managing conservatorship of the Department
655	655	of Family and Protective Services for not less than nine months as a
656	656	result of the child's removal from the parent under Chapter 262 for
657	657	the abuse or neglect of the child;
658	658	(P) used a controlled substance, as defined by
659	659	Chapter 481, Health and Safety Code, in a manner that endangered the
660	660	health or safety of the child, and:
661	661	(i) failed to complete a court-ordered
662	662	substance abuse treatment program; or
663	663	(ii) after completion of a court-ordered
664	664	substance abuse treatment program, continued to abuse a controlled
665	665	substance;
666	666	(Q) knowingly engaged in criminal conduct that
667	667	has resulted in the parent's:
668	668	(i) conviction of an offense; and
669	669	(ii) confinement or imprisonment and
670	670	inability to care for the child for not less than two years from the
671	671	date of filing the petition;
672	672	(R) been the cause of the child being born
673	673	addicted to alcohol or a controlled substance, other than a
674	674	controlled substance legally obtained by prescription, as defined
675	675	by Section 261.001;
676	676	(S) voluntarily delivered the child to a
677	677	designated emergency infant care provider under Section 262.302
678	678	without expressing an intent to return for the child; or
679	679	(T) been convicted of:
680	680	(i) the murder of the other parent of the
681	681	child under Section 19.02 or 19.03, Penal Code, or under a law of
682	682	another state, federal law, the law of a foreign country, or the
683	683	Uniform Code of Military Justice that contains elements that are
684	684	substantially similar to the elements of an offense under Section
685	685	19.02 or 19.03, Penal Code;
686	686	(ii) criminal attempt under Section 15.01,
687	687	Penal Code, or under a law of another state, federal law, the law of
688	688	a foreign country, or the Uniform Code of Military Justice that
689	689	contains elements that are substantially similar to the elements of
690	690	an offense under Section 15.01, Penal Code, to commit the offense
691	691	described by Subparagraph (i); or
692	692	(iii) criminal solicitation under Section
693	693	15.03, Penal Code, or under a law of another state, federal law, the
694	694	law of a foreign country, or the Uniform Code of Military Justice
695	695	that contains elements that are substantially similar to the
696	696	elements of an offense under Section 15.03, Penal Code, of the
697	697	offense described by Subparagraph (i); and
698	698	(2) that termination is in the best interest of the
699	699	child.
700	700	SECTION 4.03. Section 261.001(1), Family Code, is amended
701	701	to read as follows:
702	702	(1) "Abuse" includes the following acts or omissions
703	703	by a person:
704	704	(A) mental or emotional injury to a child that
705	705	results in an observable and material impairment in the child's
706	706	growth, development, or psychological functioning;
707	707	(B) causing or permitting the child to be in a
708	708	situation in which the child sustains a mental or emotional injury
709	709	that results in an observable and material impairment in the
710	710	child's growth, development, or psychological functioning;
711	711	(C) physical injury that results in substantial
712	712	harm to the child, or the genuine threat of substantial harm from
713	713	physical injury to the child, including an injury that is at
714	714	variance with the history or explanation given and excluding an
715	715	accident or reasonable discipline by a parent, guardian, or
716	716	managing or possessory conservator that does not expose the child
717	717	to a substantial risk of harm;
718	718	(D) failure to make a reasonable effort to
719	719	prevent an action by another person that results in physical injury
720	720	that results in substantial harm to the child;
721	721	(E) sexual conduct harmful to a child's mental,
722	722	emotional, or physical welfare, including conduct that constitutes
723	723	the offense of continuous sexual abuse of young child or children
724	724	under Section 21.02, Penal Code, indecency with a child under
725	725	Section 21.11, Penal Code, sexual assault under Section 22.011,
726	726	Penal Code, or aggravated sexual assault under Section 22.021,
727	727	Penal Code;
728	728	(F) failure to make a reasonable effort to
729	729	prevent sexual conduct harmful to a child;
730	730	(G) compelling or encouraging the child to engage
731	731	in sexual conduct as defined by Section 43.01, Penal Code,
732	732	including conduct that constitutes an offense of trafficking of
733	733	persons under Section 20A.02(a)(7) or (8), Penal Code,
734	734	prostitution under Section 43.02(a)(2), Penal Code, or compelling
735	735	prostitution under Section 43.05(a)(2), Penal Code;
736	736	(H) causing, permitting, encouraging, engaging
737	737	in, or allowing the photographing, filming, or depicting of the
738	738	child if the person knew or should have known that the resulting
739	739	photograph, film, or depiction of the child is obscene as defined by
740	740	Section 43.21, Penal Code, or pornographic;
741	741	(I) the current use by a person of a controlled
742	742	substance as defined by Chapter 481, Health and Safety Code, in a
743	743	manner or to the extent that the use results in physical, mental, or
744	744	emotional injury to a child;
745	745	(J) causing, expressly permitting, or
746	746	encouraging a child to use a controlled substance as defined by
747	747	Chapter 481, Health and Safety Code; [or]
748	748	(K) causing, permitting, encouraging, engaging
749	749	in, or allowing a sexual performance by a child as defined by
750	750	Section 43.25, Penal Code; or
751	751	(L) knowingly causing, permitting, encouraging,
752	752	engaging in, or allowing a child to be trafficked in a manner
753	753	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
754	754	(8), Penal Code, or the failure to make a reasonable effort to
755	755	prevent a child from being trafficked in a manner punishable as an
756	756	offense under any of those sections.
757	757	SECTION 4.04. Section 262.2015(b), Family Code, is amended
758	758	to read as follows:
759	759	(b) The court may find under Subsection (a) that a parent
760	760	has subjected the child to aggravated circumstances if:
761	761	(1) the parent abandoned the child without
762	762	identification or a means for identifying the child;
763	763	(2) the child is a victim of serious bodily injury or
764	764	sexual abuse inflicted by the parent or by another person with the
765	765	parent's consent;
766	766	(3) the parent has engaged in conduct against the
767	767	child that would constitute an offense under the following
768	768	provisions of the Penal Code:
769	769	(A) Section 19.02 (murder);
770	770	(B) Section 19.03 (capital murder);
771	771	(C) Section 19.04 (manslaughter);
772	772	(D) Section 21.11 (indecency with a child);
773	773	(E) Section 22.011 (sexual assault);
774	774	(F) Section 22.02 (aggravated assault);
775	775	(G) Section 22.021 (aggravated sexual assault);
776	776	(H) Section 22.04 (injury to a child, elderly
777	777	individual, or disabled individual);
778	778	(I) Section 22.041 (abandoning or endangering
779	779	child);
780	780	(J) Section 25.02 (prohibited sexual conduct);
781	781	(K) Section 43.25 (sexual performance by a
782	782	child);
783	783	(L) Section 43.26 (possession or promotion of
784	784	child pornography); [or]
785	785	(M) Section 21.02 (continuous sexual abuse of
786	786	young child or children);
787	787	(N) Section 43.05(a)(2) (compelling
788	788	prostitution); or
789	789	(O) Section 20A.02(a)(7) or (8) (trafficking of
790	790	persons);
791	791	(4) the parent voluntarily left the child alone or in
792	792	the possession of another person not the parent of the child for at
793	793	least six months without expressing an intent to return and without
794	794	providing adequate support for the child;
795	795	(5) the parent's parental rights with regard to
796	796	another child have been involuntarily terminated based on a finding
797	797	that the parent's conduct violated Section 161.001(1)(D) or (E) or
798	798	a substantially equivalent provision of another state's law;
799	799	(6) the parent has been convicted for:
800	800	(A) the murder of another child of the parent and
801	801	the offense would have been an offense under 18 U.S.C. Section
802	802	1111(a) if the offense had occurred in the special maritime or
803	803	territorial jurisdiction of the United States;
804	804	(B) the voluntary manslaughter of another child
805	805	of the parent and the offense would have been an offense under 18
806	806	U.S.C. Section 1112(a) if the offense had occurred in the special
807	807	maritime or territorial jurisdiction of the United States;
808	808	(C) aiding or abetting, attempting, conspiring,
809	809	or soliciting an offense under Subdivision (A) or (B); or
810	810	(D) the felony assault of the child or another
811	811	child of the parent that resulted in serious bodily injury to the
812	812	child or another child of the parent; or
813	813	(7) the parent's parental rights with regard to two
814	814	other children have been involuntarily terminated.
815	815	ARTICLE 5. CHANGES RELATING TO GOVERNMENT CODE
816	816	SECTION 5.01. Section 499.027(b), Government Code, is
817	817	amended to read as follows:
818	818	(b) An inmate is not eligible under this subchapter to be
819	819	considered for release to intensive supervision parole if:
820	820	(1) the inmate is awaiting transfer to the
821	821	institutional division, or serving a sentence, for an offense for
822	822	which the judgment contains an affirmative finding under Section
823	823	3g(a)(2), Article 42.12, Code of Criminal Procedure;
824	824	(2) the inmate is awaiting transfer to the
825	825	institutional division, or serving a sentence, for an offense
826	826	listed in one of the following sections of the Penal Code:
827	827	(A) Section 19.02 (murder);
828	828	(B) Section 19.03 (capital murder);
829	829	(C) Section 19.04 (manslaughter);
830	830	(D) Section 20.03 (kidnapping);
831	831	(E) Section 20.04 (aggravated kidnapping);
832	832	(F) Section 21.11 (indecency with a child);
833	833	(G) Section 22.011 (sexual assault);
834	834	(H) Section 22.02 (aggravated assault);
835	835	(I) Section 22.021 (aggravated sexual assault);
836	836	(J) Section 22.04 (injury to a child, [or an]
837	837	elderly individual, or disabled individual);
838	838	(K) Section 25.02 (prohibited sexual conduct);
839	839	(L) Section 25.08 (sale or purchase of a child);
840	840	(M) Section 28.02 (arson);
841	841	(N) Section 29.02 (robbery);
842	842	(O) Section 29.03 (aggravated robbery);
843	843	(P) Section 30.02 (burglary), if the offense is
844	844	punished as a first-degree felony under that section;
845	845	(Q) Section 43.04 (aggravated promotion of
846	846	prostitution);
847	847	(R) Section 43.05 (compelling prostitution);
848	848	(S) Section 43.24 (sale, distribution, or
849	849	display of harmful material to minor);
850	850	(T) Section 43.25 (sexual performance by a
851	851	child);
852	852	(U) Section 46.10 (deadly weapon in penal
853	853	institution);
854	854	(V) Section 15.01 (criminal attempt), if the
855	855	offense attempted is listed in this subsection;
856	856	(W) Section 15.02 (criminal conspiracy), if the
857	857	offense that is the subject of the conspiracy is listed in this
858	858	subsection;
859	859	(X) Section 15.03 (criminal solicitation), if
860	860	the offense solicited is listed in this subsection; [or]
861	861	(Y) Section 21.02 (continuous sexual abuse of
862	862	young child or children); or
863	863	(Z) Section 20A.02 (trafficking of persons); or
864	864	(3) the inmate is awaiting transfer to the
865	865	institutional division, or serving a sentence, for an offense under
866	866	Chapter 481, Health and Safety Code, punishable by a minimum term of
867	867	imprisonment or a maximum fine that is greater than the minimum term
868	868	of imprisonment or the maximum fine for a first degree felony.
869	869	SECTION 5.02. Section 508.149(a), Government Code, is
870	870	amended to read as follows:
871	871	(a) An inmate may not be released to mandatory supervision
872	872	if the inmate is serving a sentence for or has been previously
873	873	convicted of:
874	874	(1) an offense for which the judgment contains an
875	875	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
876	876	Criminal Procedure;
877	877	(2) a first degree felony or a second degree felony
878	878	under Section 19.02, Penal Code;
879	879	(3) a capital felony under Section 19.03, Penal Code;
880	880	(4) a first degree felony or a second degree felony
881	881	under Section 20.04, Penal Code;
882	882	(5) an offense under Section 21.11, Penal Code;
883	883	(6) a felony under Section 22.011, Penal Code;
884	884	(7) a first degree felony or a second degree felony
885	885	under Section 22.02, Penal Code;
886	886	(8) a first degree felony under Section 22.021, Penal
887	887	Code;
888	888	(9) a first degree felony under Section 22.04, Penal
889	889	Code;
890	890	(10) a first degree felony under Section 28.02, Penal
891	891	Code;
892	892	(11) a second degree felony under Section 29.02, Penal
893	893	Code;
894	894	(12) a first degree felony under Section 29.03, Penal
895	895	Code;
896	896	(13) a first degree felony under Section 30.02, Penal
897	897	Code;
898	898	(14) a felony for which the punishment is increased
899	899	under Section 481.134 or Section 481.140, Health and Safety Code;
900	900	(15) an offense under Section 43.25, Penal Code;
901	901	(16) an offense under Section 21.02, Penal Code; [or]
902	902	(17) a first degree felony under Section 15.03, Penal
903	903	Code;
904	904	(18) an offense under Section 43.05, Penal Code; or
905	905	(19) an offense under Section 20A.02, Penal Code.
906	906	ARTICLE 6. CHANGES RELATING TO PENAL CODE
907	907	SECTION 6.01. Section 3.03(b), Penal Code, is amended to
908	908	read as follows:
909	909	(b) If the accused is found guilty of more than one offense
910	910	arising out of the same criminal episode, the sentences may run
911	911	concurrently or consecutively if each sentence is for a conviction
912	912	of:
913	913	(1) an offense:
914	914	(A) under Section 49.07 or 49.08, regardless of
915	915	whether the accused is convicted of violations of the same section
916	916	more than once or is convicted of violations of both sections; or
917	917	(B) for which a plea agreement was reached in a
918	918	case in which the accused was charged with more than one offense
919	919	listed in Paragraph (A), regardless of whether the accused is
920	920	charged with violations of the same section more than once or is
921	921	charged with violations of both sections;
922	922	(2) an offense:
923	923	(A) under Section 33.021 or an offense under
924	924	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
925	925	against a victim younger than 17 years of age at the time of the
926	926	commission of the offense regardless of whether the accused is
927	927	convicted of violations of the same section more than once or is
928	928	convicted of violations of more than one section; or
929	929	(B) for which a plea agreement was reached in a
930	930	case in which the accused was charged with more than one offense
931	931	listed in Paragraph (A) committed against a victim younger than 17
932	932	years of age at the time of the commission of the offense regardless
933	933	of whether the accused is charged with violations of the same
934	934	section more than once or is charged with violations of more than
935	935	one section;
936	936	(3) an offense:
937	937	(A) under Section 21.15 or 43.26, regardless of
938	938	whether the accused is convicted of violations of the same section
939	939	more than once or is convicted of violations of both sections; or
940	940	(B) for which a plea agreement was reached in a
941	941	case in which the accused was charged with more than one offense
942	942	listed in Paragraph (A), regardless of whether the accused is
943	943	charged with violations of the same section more than once or is
944	944	charged with violations of both sections; [or]
945	945	(4) an offense for which the judgment in the case
946	946	contains an affirmative finding under Article 42.0197, Code of
947	947	Criminal Procedure; or
948	948	(5) an offense:
949	949	(A) under Section 20A.02 or 43.05, regardless of
950	950	whether the accused is convicted of violations of the same section
951	951	more than once or is convicted of violations of both sections; or
952	952	(B) for which a plea agreement was reached in a
953	953	case in which the accused was charged with more than one offense
954	954	listed in Paragraph (A), regardless of whether the accused is
955	955	charged with violations of the same section more than once or is
956	956	charged with violations of both sections.
957	957	SECTION 6.02. Section 12.42(c)(2), Penal Code, is amended
958	958	to read as follows:
959	959	(2) Notwithstanding Subdivision (1), a defendant
960	960	shall be punished by imprisonment in the Texas Department of
961	961	Criminal Justice for life if:
962	962	(A) the defendant is convicted of an offense:
963	963	(i) under Section 20A.02(a)(7) or (8),
964	964	21.11(a)(1), 22.021, or 22.011, Penal Code;
965	965	(ii) under Section 20.04(a)(4), Penal Code,
966	966	if the defendant committed the offense with the intent to violate or
967	967	abuse the victim sexually; or
968	968	(iii) under Section 30.02, Penal Code,
969	969	punishable under Subsection (d) of that section, if the defendant
970	970	committed the offense with the intent to commit a felony described
971	971	by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
972	972	Code; and
973	973	(B) the defendant has been previously convicted
974	974	of an offense:
975	975	(i) under Section 43.25 or 43.26, Penal
976	976	Code, or an offense under Section 43.23, Penal Code, punishable
977	977	under Subsection (h) of that section;
978	978	(ii) under Section 20A.02(a)(7) or (8),
979	979	21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
980	980	(iii) under Section 20.04(a)(4), Penal
981	981	Code, if the defendant committed the offense with the intent to
982	982	violate or abuse the victim sexually;
983	983	(iv) under Section 30.02, Penal Code,
984	984	punishable under Subsection (d) of that section, if the defendant
985	985	committed the offense with the intent to commit a felony described
986	986	by Subparagraph (ii) or (iii); or
987	987	(v) under the laws of another state
988	988	containing elements that are substantially similar to the elements
989	989	of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
990	990	SECTION 6.03. Section 15.031(b), Penal Code, is amended to
991	991	read as follows:
992	992	(b) A person commits an offense if, with intent that an
993	993	offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
994	994	22.021, 43.02, 43.05(a)(2), or 43.25 be committed, the person by
995	995	any means requests, commands, or attempts to induce a minor or
996	996	another whom the person believes to be a minor to engage in specific
997	997	conduct that, under the circumstances surrounding the actor's
998	998	conduct as the actor believes them to be, would constitute an
999	999	offense under one of those sections or would make the minor or other
1000	1000	believed by the person to be a minor a party to the commission of an
1001	1001	offense under one of those sections.
1002	1002	SECTION 6.04. Section 21.02(c), Penal Code, is amended to
1003	1003	read as follows:
1004	1004	(c) For purposes of this section, "act of sexual abuse"
1005	1005	means any act that is a violation of one or more of the following
1006	1006	penal laws:
1007	1007	(1) aggravated kidnapping under Section 20.04(a)(4),
1008	1008	if the actor committed the offense with the intent to violate or
1009	1009	abuse the victim sexually;
1010	1010	(2) indecency with a child under Section 21.11(a)(1),
1011	1011	if the actor committed the offense in a manner other than by
1012	1012	touching, including touching through clothing, the breast of a
1013	1013	child;
1014	1014	(3) sexual assault under Section 22.011;
1015	1015	(4) aggravated sexual assault under Section 22.021;
1016	1016	(5) burglary under Section 30.02, if the offense is
1017	1017	punishable under Subsection (d) of that section and the actor
1018	1018	committed the offense with the intent to commit an offense listed in
1019	1019	Subdivisions (1)-(4); [and]
1020	1020	(6) sexual performance by a child under Section 43.25;
1021	1021	(7) trafficking of persons under Section 20A.02(a)(7)
1022	1022	or (8); and
1023	1023	(8) compelling prostitution under Section
1024	1024	43.25(a)(2).
1025	1025	SECTION 6.05. Section 22.021(a), Penal Code, is amended to
1026	1026	read as follows:
1027	1027	(a) A person commits an offense:
1028	1028	(1) if the person:
1029	1029	(A) intentionally or knowingly:
1030	1030	(i) causes the penetration of the anus or
1031	1031	sexual organ of another person by any means, without that person's
1032	1032	consent;
1033	1033	(ii) causes the penetration of the mouth of
1034	1034	another person by the sexual organ of the actor, without that
1035	1035	person's consent; or
1036	1036	(iii) causes the sexual organ of another
1037	1037	person, without that person's consent, to contact or penetrate the
1038	1038	mouth, anus, or sexual organ of another person, including the
1039	1039	actor; or
1040	1040	(B) intentionally or knowingly:
1041	1041	(i) causes the penetration of the anus or
1042	1042	sexual organ of a child by any means;
1043	1043	(ii) causes the penetration of the mouth of
1044	1044	a child by the sexual organ of the actor;
1045	1045	(iii) causes the sexual organ of a child to
1046	1046	contact or penetrate the mouth, anus, or sexual organ of another
1047	1047	person, including the actor;
1048	1048	(iv) causes the anus of a child to contact
1049	1049	the mouth, anus, or sexual organ of another person, including the
1050	1050	actor; or
1051	1051	(v) causes the mouth of a child to contact
1052	1052	the anus or sexual organ of another person, including the actor; and
1053	1053	(2) if:
1054	1054	(A) the person:
1055	1055	(i) causes serious bodily injury or
1056	1056	attempts to cause the death of the victim or another person in the
1057	1057	course of the same criminal episode;
1058	1058	(ii) by acts or words places the victim in
1059	1059	fear that any person will become the victim of an offense under
1060	1060	Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
1061	1061	bodily injury, or kidnapping will be imminently inflicted on any
1062	1062	person;
1063	1063	(iii) by acts or words occurring in the
1064	1064	presence of the victim threatens to cause any person to become the
1065	1065	victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
1066	1066	to cause the death, serious bodily injury, or kidnapping of any
1067	1067	person;
1068	1068	(iv) uses or exhibits a deadly weapon in the
1069	1069	course of the same criminal episode;
1070	1070	(v) acts in concert with another who
1071	1071	engages in conduct described by Subdivision (1) directed toward the
1072	1072	same victim and occurring during the course of the same criminal
1073	1073	episode; or
1074	1074	(vi) administers or provides
1075	1075	flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
1076	1076	or ketamine to the victim of the offense with the intent of
1077	1077	facilitating the commission of the offense;
1078	1078	(B) the victim is younger than 14 years of age; or
1079	1079	(C) the victim is an elderly individual or a
1080	1080	disabled individual.
1081	1081	ARTICLE 7. TRANSITION; EFFECTIVE DATE
1082	1082	SECTION 7.01. The change in law made by this Act applies
1083	1083	only to an offense committed on or after the effective date of this
1084	1084	Act. An offense committed before the effective date of this Act is
1085	1085	governed by the law in effect on the date the offense was committed,
1086	1086	and the former law is continued in effect for that purpose. For
1087	1087	purposes of this section, an offense was committed before the
1088	1088	effective date of this Act if any element of the offense occurred
1089	1089	before that date.
1090	1090	SECTION 7.02. This Act takes effect September 1, 2011.
1091	1091	COMMITTEE AMENDMENT NO. 1
1092	1092	Amend H.B. No. 7 (introduced version) on page 12, line 16, by
1093	1093	inserting "person with a disability" between "of age" and the
1094	1094	colon.
1095	1095	Jackson