84R7786 MEW-D
By: Parker H.B. No. 2291
A BILL TO BE ENTITLED
AN ACT
relating to increasing the punishment for certain persons convicted
of the offense of possession or promotion of child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 third
degree, except that the offense is:
(1) a felony of the second degree if it is shown on the
trial of the offense that the person has been previously convicted
one time of an offense under that subsection; and
(2) a felony of the first degree if it is shown on the
trial of the offense that the person has been previously convicted
two or more times of an offense under that subsection.
(g) An offense under Subsection (e) is a felony of the
second degree, except that the offense is a felony of the first
degree if it is shown on the trial of the offense that the person has
been previously convicted of an offense under that subsection.
SECTION 2. 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 3. This Act takes effect September 1, 2015.