83R22499 KEL-D
By: Branch, Herrero, Fletcher, Carter, H.B. No. 1748
et al.
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. This Act shall be known as Chelsea's Law.
SECTION 2. 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 18 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 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 18 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 younger than 14
years of age and the actor commits the offense in a manner described
by Subsection (a)(2)(A); or
(C) the victim of the offense is younger than 17
years of age and suffered serious bodily injury as a result of the
offense.
SECTION 3. 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 4. This Act takes effect September 1, 2013.