84R4790 MEW-D
By: Paddie H.B. No. 1123
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for the offense of possession
or promotion of child pornography; changing the eligibility for
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery);
(G) Chapter 481, Health and Safety Code, for
which punishment is increased under:
(i) Section 481.140, Health and Safety
Code; or
(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections;
(H) Section 22.011, Penal Code (Sexual assault);
(I) Section 22.04(a)(1), Penal Code (Injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony of the first degree and the victim of the
offense is a child;
(J) Section 43.25, Penal Code (Sexual
performance by a child);
(K) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(L) Section 43.05, Penal Code (Compelling
prostitution);
(M) Section 20A.02, Penal Code (Trafficking of
persons); [or]
(N) Section 30.02, Penal Code (Burglary), if the
offense is punishable under Subsection (d) of that section and the
actor committed the offense with the intent to commit a felony under
Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or
(O) Section 43.26, Penal Code (Possession or
promotion of child pornography); or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
SECTION 2. Sections 43.26(d) and (g), Penal Code, are
amended to read as follows:
(d) An offense under Subsection (a) is a felony of the
second [third] degree.
(g) An offense under Subsection (e) is a felony of the first
[second] degree.
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, 2015.