83R6369 KEL-D
By: Branch H.B. No. 1748
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for defendants who commit certain
aggravated sexual assaults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.021(e) and (f), Penal Code, are
amended to read as follows:
(e) An offense under this section is a felony of the first
degree, except as provided by Subsection (f).
(f)(1) An offense under this section is a felony of the first
degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than [The minimum term of imprisonment for an offense under
this section is increased to] 25 years, if at the time of the
offense the defendant is younger than 17 years of age and:
(A) [(1)] the victim of the offense is younger
than six years of age [at the time the offense is committed]; or
(B) [(2)] the victim of the offense is six years
of age or older but younger than 14 years of age [at the time the
offense is committed] and the actor commits the offense in a manner
described by Subsection (a)(2)(A).
(2) An offense under this section is a felony of the
first degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life without parole, if at the time of the
offense the defendant is 17 years of age or older and:
(A) the victim of the offense is younger than six
years of age;
(B) the victim of the offense is six years of age
or older but younger than 14 years of age and suffered bodily injury
as a result of the offense; or
(C) the victim of the offense is 14 years of age
or older but younger than 17 years of age and suffered serious
bodily injury as a result of the offense.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2013.