Texas 2015 - 84th Regular

Texas House Bill HB3977 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R16463 ADM-D
2		-	By: Dukes H.B. No. 3977
3		-	Substitute the following for H.B. No. 3977:
4		-	By: Herrero C.S.H.B. No. 3977
	2	+	By: Dukes, Leach H.B. No. 3977
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to increasing the penalty for causing injury to a child;
10	8		changing the eligibility for community supervision.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 3g(a), Article 42.12, Code of Criminal
13	11		Procedure, is amended to read as follows:
14	12		(a) The provisions of Section 3 of this article do not
15	13		apply:
16	14		(1) to a defendant adjudged guilty of an offense
17	15		under:
18	16		(A) Section 19.02, Penal Code (Murder);
19	17		(B) Section 19.03, Penal Code (Capital murder);
20	18		(C) Section 21.11(a)(1), Penal Code (Indecency
21	19		with a child);
22	20		(D) Section 20.04, Penal Code (Aggravated
23	21		kidnapping);
24	22		(E) Section 22.021, Penal Code (Aggravated
25	23		sexual assault);
26	24		(F) Section 29.03, Penal Code (Aggravated
27	25		robbery);
28	26		(G) Chapter 481, Health and Safety Code, for
29	27		which punishment is increased under:
30	28		(i) Section 481.140, Health and Safety
31	29		Code; or
32	30		(ii) Section 481.134(c), (d), (e), or (f),
33	31		Health and Safety Code, if it is shown that the defendant has been
34	32		previously convicted of an offense for which punishment was
35	33		increased under any of those subsections;
36	34		(H) Section 22.011, Penal Code (Sexual assault);
37	35		(I) Section 22.04(a)(1) or (2) or (a-1)(1) or
38	36		(2), Penal Code (Injury to a child, elderly individual, or disabled
39	37		individual), if the offense is punishable as a felony of the first
40	38		degree and the victim of the offense is a child;
41	39		(J) Section 43.25, Penal Code (Sexual
42	40		performance by a child);
43	41		(K) Section 15.03, Penal Code, if the offense is
44	42		punishable as a felony of the first degree;
45	43		(L) Section 43.05, Penal Code (Compelling
46	44		prostitution);
47	45		(M) Section 20A.02, Penal Code (Trafficking of
48	46		persons); or
49	47		(N) Section 30.02, Penal Code (Burglary), if the
50	48		offense is punishable under Subsection (d) of that section and the
51	49		actor committed the offense with the intent to commit a felony under
52	50		Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or
53	51		(2) to a defendant when it is shown that a deadly
54	52		weapon as defined in Section 1.07, Penal Code, was used or exhibited
55	53		during the commission of a felony offense or during immediate
56	54		flight therefrom, and that the defendant used or exhibited the
57	55		deadly weapon or was a party to the offense and knew that a deadly
58	56		weapon would be used or exhibited. On an affirmative finding under
59	57		this subdivision, the trial court shall enter the finding in the
60	58		judgment of the court. On an affirmative finding that the deadly
61	59		weapon was a firearm, the court shall enter that finding in its
62	60		judgment.
63	61		SECTION 2. Section 4(d), Article 42.12, Code of Criminal
64	62		Procedure, is amended to read as follows:
65	63		(d) A defendant is not eligible for community supervision
66	64		under this section if the defendant:
67	65		(1) is sentenced to a term of imprisonment that
68	66		exceeds 10 years;
69	67		(2) is convicted of a state jail felony for which
70	68		suspension of the imposition of the sentence occurs automatically
71	69		under Section 15(a);
72	70		(3) does not file a sworn motion under Subsection (e)
73	71		of this section or for whom the jury does not enter in the verdict a
74	72		finding that the information contained in the motion is true;
75	73		(4) is convicted of an offense for which punishment is
76	74		increased under Section 481.134(c), (d), (e), or (f), Health and
77	75		Safety Code, if it is shown that the defendant has been previously
78	76		convicted of an offense for which punishment was increased under
79	77		any one of those subsections;
80	78		(5) is convicted of an offense listed in:
81	79		(A) Section 3g(a)(1)(C), (E), or (H), if the
82	80		victim of the offense was younger than 14 years of age at the time
83	81		the offense was committed; or
84	82		(B) Section 3g(a)(1)(I);
85	83		(6) is convicted of an offense listed in Section
86	84		3g(a)(1)(D), if the victim of the offense was younger than 14 years
87	85		of age at the time the offense was committed and the actor committed
88	86		the offense with the intent to violate or abuse the victim sexually;
89	87		(7) is convicted of an offense listed in Section
90	88		3g(a)(1)(J), (L), or (M); or
91	89		(8) is adjudged guilty of an offense under Section
92	90		19.02, Penal Code.
93	91		SECTION 3. Section 22.04, Penal Code, is amended by
94	92		amending Subsection (e) and adding Subsection (e-1) to read as
95	93		follows:
96	94		(e) Except as provided by Subsection (e-1), an [An] offense
97	95		under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
98	96		first degree if [when] the conduct was [is] committed intentionally
99	97		or knowingly. If [When] the conduct was [is] engaged in
100	98		recklessly, the offense is a felony of the second degree.
101	99		(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1)
102	100		or (2) is a felony of the first degree, punishable by imprisonment
103	101		in the Texas Department of Criminal Justice for any term of not more
104	102		than 99 years or less than 10 years, if:
105	103		(1) the conduct was committed intentionally or
106	104		knowingly; and
107	105		(2) the victim of the offense was a child at the time
108	106		of the offense.
109	107		SECTION 4. The changes in law made by this Act apply only to
110	108		an offense committed on or after the effective date of this Act. An
111	109		offense committed before the effective date of this Act is governed
112	110		by the law in effect on the date the offense was committed, and the
113	111		former law is continued in effect for that purpose. For purposes of
114	112		this section, an offense was committed before the effective date of
115	113		this Act if any element of the offense occurred before that date.
116	114		SECTION 5. This Act takes effect September 1, 2015.