By: Toth H.B. No. 2809
Substitute the following for H.B. No. 2809:
By: Herrero C.S.H.B. No. 2809
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a sentence of life without parole on
certain repeat sex offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 12.42(b) and (d), Penal Code, as
amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the
82nd Legislature, Regular Session, 2011, are reenacted to read as
follows:
(b) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony of the second degree that the
defendant has previously been finally convicted of a felony other
than a state jail felony punishable under Section 12.35(a), on
conviction the defendant shall be punished for a felony of the first
degree.
(d) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two felony offenses, and the
second previous felony conviction is for an offense that occurred
subsequent to the first previous conviction having become final, on
conviction the defendant shall be punished by imprisonment in the
Texas Department of Criminal Justice for life, or for any term of
not more than 99 years or less than 25 years. A previous conviction
for a state jail felony punishable under Section 12.35(a) may not be
used for enhancement purposes under this subsection.
SECTION 2. Section 12.42(c)(4), Penal Code, as amended by
Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
(4) Notwithstanding Subdivision (1) or (2), and except
as provided by Subdivision (3) for the trial of an offense under
Section 22.021 as described by that subdivision, a defendant shall
be punished by imprisonment in the Texas Department of Criminal
Justice for life without parole if it is shown on the trial of an
offense under Section 20A.03 or of a sexually violent [an] offense
[under Section 21.02 or 22.021] that the defendant has previously
been finally convicted of:
(A) an offense under Section 20A.03 or of a
sexually violent [an] offense [under Section 21.02 or 22.021]; or
(B) an offense that was committed under the laws
of another state and that contains elements that are substantially
similar to the elements of an offense under Section 20A.03 or of a
sexually violent [an] offense [under Section 21.02 or 22.021].
SECTION 3. Section 12.42, Penal Code, is amended by adding
Subsection (h) to read as follows:
(h) In this section, "sexually violent offense" means:
(1) an offense under:
(A) Section 21.02 (continuous sexual abuse of a
young child or children);
(B) Section 22.021 (aggravated sexual assault);
(C) Section 20A.02(a)(3), (4), (7), or (8) (sex
trafficking);
(D) Section 21.11(a)(1) (indecency with a
child);
(E) Section 22.011 (sexual assault); or
(F) Section 43.25 (sexual performance by a child)
under the age of 14;
(2) an offense under Section 20.04(a)(4) (aggravated
kidnapping), if the defendant committed the offense with intent to
violate or abuse the victim sexually;
(3) an offense under Section 30.02 (burglary), if the
offense is punishable under Subsection (d) of that section and the
defendant committed the offense with intent to commit an offense
under Section 21.11(a)(2) (indecency with a child) or 25.02
(prohibited sexual conduct) or a felony listed in Subdivision (1)
or (2) of this subsection; or
(4) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice, if the offense contains elements that are
substantially similar to the elements of an offense listed under
Subdivision (1), (2), or (3).
SECTION 4. The change in law made by this Act in amending
Section 12.42, Penal Code, 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 5. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2013.