Texas 2013 - 83rd Regular

Texas House Bill HB2809 Compare Versions

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1	1	By: Toth H.B. No. 2809
2	2	Substitute the following for H.B. No. 2809:
3	3	By: Herrero C.S.H.B. No. 2809
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the imposition of a sentence of life without parole on
9	9	certain repeat sex offenders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 12.42(b) and (d), Penal Code, as
12	12	amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the
13	13	82nd Legislature, Regular Session, 2011, are reenacted to read as
14	14	follows:
15	15	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
16	16	is shown on the trial of a felony of the second degree that the
17	17	defendant has previously been finally convicted of a felony other
18	18	than a state jail felony punishable under Section 12.35(a), on
19	19	conviction the defendant shall be punished for a felony of the first
20	20	degree.
21	21	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
22	22	is shown on the trial of a felony offense other than a state jail
23	23	felony punishable under Section 12.35(a) that the defendant has
24	24	previously been finally convicted of two felony offenses, and the
25	25	second previous felony conviction is for an offense that occurred
26	26	subsequent to the first previous conviction having become final, on
27	27	conviction the defendant shall be punished by imprisonment in the
28	28	Texas Department of Criminal Justice for life, or for any term of
29	29	not more than 99 years or less than 25 years. A previous conviction
30	30	for a state jail felony punishable under Section 12.35(a) may not be
31	31	used for enhancement purposes under this subsection.
32	32	SECTION 2. Section 12.42(c)(4), Penal Code, as amended by
33	33	Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd
34	34	Legislature, Regular Session, 2011, is reenacted and amended to
35	35	read as follows:
36	36	(4) Notwithstanding Subdivision (1) or (2), and except
37	37	as provided by Subdivision (3) for the trial of an offense under
38	38	Section 22.021 as described by that subdivision, a defendant shall
39	39	be punished by imprisonment in the Texas Department of Criminal
40	40	Justice for life without parole if it is shown on the trial of an
41	41	offense under Section 20A.03 or of a sexually violent [an] offense
42	42	[under Section 21.02 or 22.021] that the defendant has previously
43	43	been finally convicted of:
44	44	(A) an offense under Section 20A.03 or of a
45	45	sexually violent [an] offense [under Section 21.02 or 22.021]; or
46	46	(B) an offense that was committed under the laws
47	47	of another state and that contains elements that are substantially
48	48	similar to the elements of an offense under Section 20A.03 or of a
49	49	sexually violent [an] offense [under Section 21.02 or 22.021].
50	50	SECTION 3. Section 12.42, Penal Code, is amended by adding
51	51	Subsection (h) to read as follows:
52	52	(h) In this section, "sexually violent offense" means:
53	53	(1) an offense under:
54	54	(A) Section 21.02 (continuous sexual abuse of a
55	55	young child or children);
56	56	(B) Section 22.021 (aggravated sexual assault);
57	57	(C) Section 20A.02(a)(3), (4), (7), or (8) (sex
58	58	trafficking);
59	59	(D) Section 21.11(a)(1) (indecency with a
60	60	child);
61	61	(E) Section 22.011 (sexual assault); or
62	62	(F) Section 43.25 (sexual performance by a child)
63	63	under the age of 14;
64	64	(2) an offense under Section 20.04(a)(4) (aggravated
65	65	kidnapping), if the defendant committed the offense with intent to
66	66	violate or abuse the victim sexually;
67	67	(3) an offense under Section 30.02 (burglary), if the
68	68	offense is punishable under Subsection (d) of that section and the
69	69	defendant committed the offense with intent to commit an offense
70	70	under Section 21.11(a)(2) (indecency with a child) or 25.02
71	71	(prohibited sexual conduct) or a felony listed in Subdivision (1)
72	72	or (2) of this subsection; or
73	73	(4) an offense under the laws of another state,
74	74	federal law, the laws of a foreign country, or the Uniform Code of
75	75	Military Justice, if the offense contains elements that are
76	76	substantially similar to the elements of an offense listed under
77	77	Subdivision (1), (2), or (3).
78	78	SECTION 4. The change in law made by this Act in amending
79	79	Section 12.42, Penal Code, applies only to an offense committed on
80	80	or after the effective date of this Act. An offense committed
81	81	before the effective date of this Act is governed by the law in
82	82	effect on the date the offense was committed, and the former law is
83	83	continued in effect for that purpose. For purposes of this section,
84	84	an offense was committed before the effective date of this Act if
85	85	any element of the offense occurred before that date.
86	86	SECTION 5. To the extent of any conflict, this Act prevails
87	87	over another Act of the 83rd Legislature, Regular Session, 2013,
88	88	relating to nonsubstantive additions to and corrections in enacted
89	89	codes.
90	90	SECTION 6. This Act takes effect September 1, 2013.