H.B. No. 2291
AN ACT
relating to the payment of restitution to certain individuals
depicted in child pornography and to increasing the punishment for
certain individuals convicted of the offense of possession or
promotion of child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (r) to read as follows:
(r) The court may order a defendant convicted of an offense
under Section 43.26, Penal Code, to make restitution to an
individual who as a child younger than 18 years of age was depicted
in the visual material, in an amount equal to the expenses incurred
by the individual as a result of the offense, including:
(1) medical services relating to physical,
psychiatric, or psychological care;
(2) physical and occupational therapy or
rehabilitation;
(3) necessary transportation, temporary housing, and
child care expenses;
(4) lost income; and
(5) attorney's fees.
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 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 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2291 was passed by the House on May 6,
2015, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2291 on May 29, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2291 on May 31, 2015, by the following vote: Yeas 143,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2291 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2291 on May 31, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor