84R16463 ADM-D
By: Dukes H.B. No. 3977
Substitute the following for H.B. No. 3977:
By: Herrero C.S.H.B. No. 3977
A BILL TO BE ENTITLED
AN ACT
relating to increasing the penalty for causing injury to a child;
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) or (2) or (a-1)(1) or
(2), 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
(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. Section 4(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true;
(4) is convicted of an offense for which punishment is
increased under 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 one of those subsections;
(5) is convicted of an offense listed in:
(A) Section 3g(a)(1)(C), (E), or (H), if the
victim of the offense was younger than 14 years of age at the time
the offense was committed; or
(B) Section 3g(a)(1)(I);
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 14 years
of age at the time the offense was committed and the actor committed
the offense with the intent to violate or abuse the victim sexually;
(7) is convicted of an offense listed in Section
3g(a)(1)(J), (L), or (M); or
(8) is adjudged guilty of an offense under Section
19.02, Penal Code.
SECTION 3. Section 22.04, Penal Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) Except as provided by Subsection (e-1), an [An] offense
under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
first degree if [when] the conduct was [is] committed intentionally
or knowingly. If [When] the conduct was [is] engaged in
recklessly, the offense is a felony of the second degree.
(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1)
or (2) is a felony of the first degree, punishable by imprisonment
in the Texas Department of Criminal Justice for any term of not more
than 99 years or less than 10 years, if:
(1) the conduct was committed intentionally or
knowingly; and
(2) the victim of the offense was a child at the time
of the offense.
SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2015.