Texas 2013 - 83rd Regular

Texas House Bill HB2979 Compare Versions

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1	1	83R24194 MEW-D
2	2	By: Parker H.B. No. 2979
3	3	Substitute the following for H.B. No. 2979:
4	4	By: Herrero C.S.H.B. No. 2979
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution and punishment of certain offenses
10	10	involving injury to a child, elderly individual, or disabled
11	11	individual.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
14	14	Procedure, is amended to read as follows:
15	15	(a) The provisions of Section 3 of this article do not
16	16	apply:
17	17	(1) to a defendant adjudged guilty of an offense
18	18	under:
19	19	(A) Section 19.02, Penal Code (Murder);
20	20	(B) Section 19.03, Penal Code (Capital murder);
21	21	(C) Section 21.11(a)(1), Penal Code (Indecency
22	22	with a child);
23	23	(D) Section 20.04, Penal Code (Aggravated
24	24	kidnapping);
25	25	(E) Section 22.021, Penal Code (Aggravated
26	26	sexual assault);
27	27	(F) Section 29.03, Penal Code (Aggravated
28	28	robbery);
29	29	(G) Chapter 481, Health and Safety Code, for
30	30	which punishment is increased under:
31	31	(i) Section 481.140, Health and Safety
32	32	Code; or
33	33	(ii) Section 481.134(c), (d), (e), or (f),
34	34	Health and Safety Code, if it is shown that the defendant has been
35	35	previously convicted of an offense for which punishment was
36	36	increased under any of those subsections;
37	37	(H) Section 22.011, Penal Code (Sexual assault);
38	38	(I) Section 22.04(a)(1) or (2), Penal Code
39	39	(Injury to a child, elderly individual, or disabled individual), if
40	40	the offense is punishable as a felony of the first degree and the
41	41	victim of the offense is a child;
42	42	(J) Section 43.25, Penal Code (Sexual
43	43	performance by a child);
44	44	(K) Section 15.03, Penal Code, if the offense is
45	45	punishable as a felony of the first degree;
46	46	(L) Section 43.05, Penal Code (Compelling
47	47	prostitution); or
48	48	(M) Section 20A.02, Penal Code (Trafficking of
49	49	persons); or
50	50	(2) to a defendant when it is shown that a deadly
51	51	weapon as defined in Section 1.07, Penal Code, was used or exhibited
52	52	during the commission of a felony offense or during immediate
53	53	flight therefrom, and that the defendant used or exhibited the
54	54	deadly weapon or was a party to the offense and knew that a deadly
55	55	weapon would be used or exhibited. On an affirmative finding under
56	56	this subdivision, the trial court shall enter the finding in the
57	57	judgment of the court. On an affirmative finding that the deadly
58	58	weapon was a firearm, the court shall enter that finding in its
59	59	judgment.
60	60	SECTION 2. Section 4(d), Article 42.12, Code of Criminal
61	61	Procedure, is amended to read as follows:
62	62	(d) A defendant is not eligible for community supervision
63	63	under this section if the defendant:
64	64	(1) is sentenced to a term of imprisonment that
65	65	exceeds 10 years;
66	66	(2) is convicted of a state jail felony for which
67	67	suspension of the imposition of the sentence occurs automatically
68	68	under Section 15(a);
69	69	(3) does not file a sworn motion under Subsection (e)
70	70	of this section or for whom the jury does not enter in the verdict a
71	71	finding that the information contained in the motion is true;
72	72	(4) is convicted of an offense for which punishment is
73	73	increased under Section 481.134(c), (d), (e), or (f), Health and
74	74	Safety Code, if it is shown that the defendant has been previously
75	75	convicted of an offense for which punishment was increased under
76	76	any one of those subsections;
77	77	(5) is convicted of an offense listed in Section
78	78	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
79	79	than 14 years of age at the time the offense was committed;
80	80	(6) is convicted of an offense listed in Section
81	81	3g(a)(1)(D), if the victim of the offense was younger than 14 years
82	82	of age at the time the offense was committed and the actor committed
83	83	the offense with the intent to violate or abuse the victim sexually;
84	84	(7) is convicted of an offense listed in Section
85	85	3g(a)(1)(I) or (J) [3g(a)(1)(J)]; or
86	86	(8) is adjudged guilty of an offense under Section
87	87	19.02, Penal Code.
88	88	SECTION 3. Section 508.145, Government Code, is amended by
89	89	adding Subsection (e-1) to read as follows:
90	90	(e-1) An inmate serving a sentence under Section 22.03,
91	91	Penal Code, is not eligible for release on parole until the inmate's
92	92	actual calendar time served plus good conduct time equals one-half
93	93	of the sentence imposed or 30 years, whichever is less.
94	94	SECTION 4. Chapter 22, Penal Code, is amended by adding
95	95	Section 22.03 to read as follows:
96	96	Sec. 22.03. CONTINUOUS PHYSICAL ABUSE OF CHILD, ELDERLY
97	97	INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
98	98	(1) "Act of physical abuse" means any act that
99	99	violates Section 22.02 (aggravated assault) or Section 22.04(a)(1)
100	100	or (2) (injury to a child, elderly individual, or disabled
101	101	individual).
102	102	(2) "Child," "elderly individual," and "disabled
103	103	individual" have the meanings assigned by Section 22.04(c).
104	104	(b) A person commits an offense if:
105	105	(1) during a period that is 30 or more days in
106	106	duration, the person commits two or more acts of physical abuse,
107	107	regardless of whether the acts of physical abuse are committed
108	108	against one or more victims; and
109	109	(2) at the time of the commission of each of the acts
110	110	of physical abuse, the actor is 17 years of age or older and the
111	111	victim of the act of physical abuse is a child, elderly individual,
112	112	or disabled individual.
113	113	(c) If a jury is the trier of fact, members of the jury are
114	114	not required to agree unanimously on which specific acts of
115	115	physical abuse were committed by the defendant or the exact date
116	116	when those acts were committed. The jury must agree unanimously
117	117	that the defendant, during a period that is 30 or more days in
118	118	duration, committed two or more acts of physical abuse.
119	119	(d) A defendant may not be convicted in the same criminal
120	120	action of an offense under Section 22.02 or 22.04(a)(1) or (2) the
121	121	victim of which is the same victim as a victim of the offense
122	122	alleged under Subsection (b) unless the offense under Section 22.02
123	123	or 22.04(a)(1) or (2):
124	124	(1) is charged in the alternative;
125	125	(2) occurred outside the period in which the offense
126	126	alleged under Subsection (b) was committed; or
127	127	(3) is considered by the trier of fact to be a lesser
128	128	included offense of the offense alleged under Subsection (b).
129	129	(e) A defendant may not be charged with more than one count
130	130	under Subsection (b) if all of the underlying acts of the alleged
131	131	abuse are alleged to have been committed against a single victim.
132	132	(f) An offense under this section is a felony of the first
133	133	degree, punishable by imprisonment in the Texas Department of
134	134	Criminal Justice for life or for any term of not more than 99 years
135	135	or less than 25 years.
136	136	SECTION 5. The change in law made by this Act applies only
137	137	to an offense committed on or after the effective date of this Act.
138	138	An offense committed before the effective date of this Act is
139	139	governed by the law in effect on the date the offense was committed,
140	140	and the former law is continued in effect for that purpose. For
141	141	purposes of this section, an offense was committed before the
142	142	effective date of this Act if any element of the offense occurred
143	143	before that date.
144	144	SECTION 6. This Act takes effect September 1, 2013.