Texas 2017 - 85th Regular

Texas House Bill HB2190 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12395 ADM-D
2	2	By: Dukes H.B. No. 2190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the penalty for causing injury to a child;
8	8	changing the eligibility for community supervision.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) Article 42A.053 does not apply to a defendant adjudged
13	13	guilty of an offense under:
14	14	(1) Section 15.03, Penal Code, if the offense is
15	15	punishable as a felony of the first degree;
16	16	(2) Section 19.02, Penal Code (Murder);
17	17	(3) Section 19.03, Penal Code (Capital Murder);
18	18	(4) Section 20.04, Penal Code (Aggravated
19	19	Kidnapping);
20	20	(5) Section 20A.02, Penal Code (Trafficking of
21	21	Persons);
22	22	(6) Section 21.11(a)(1), Penal Code (Indecency with a
23	23	Child);
24	24	(7) Section 22.011, Penal Code (Sexual Assault);
25	25	(8) Section 22.021, Penal Code (Aggravated Sexual
26	26	Assault);
27	27	(9) Section 22.04(a)(1) or (2) or (a-1)(1) or (2),
28	28	Penal Code (Injury to a Child, Elderly Individual, or Disabled
29	29	Individual), if:
30	30	(A) the offense is punishable as a felony of the
31	31	first degree; and
32	32	(B) the victim of the offense is a child;
33	33	(10) Section 29.03, Penal Code (Aggravated Robbery);
34	34	(11) Section 30.02, Penal Code (Burglary), if:
35	35	(A) the offense is punishable under Subsection
36	36	(d) of that section; and
37	37	(B) the actor committed the offense with the
38	38	intent to commit a felony under Section 21.02, 21.11, 22.011,
39	39	22.021, or 25.02, Penal Code;
40	40	(12) Section 43.05, Penal Code (Compelling
41	41	Prostitution);
42	42	(13) Section 43.25, Penal Code (Sexual Performance by
43	43	a Child); or
44	44	(14) Chapter 481, Health and Safety Code, for which
45	45	punishment is increased under:
46	46	(A) Section 481.140 of that code (Use of Child in
47	47	Commission of Offense); or
48	48	(B) Section 481.134(c), (d), (e), or (f) of that
49	49	code (Drug-free Zones) if it is shown that the defendant has been
50	50	previously convicted of an offense for which punishment was
51	51	increased under any of those subsections.
52	52	SECTION 2. Article 42A.056, Code of Criminal Procedure, is
53	53	amended to read as follows:
54	54	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
55	55	SUPERVISION. A defendant is not eligible for community
56	56	supervision under Article 42A.055 if the defendant:
57	57	(1) is sentenced to a term of imprisonment that
58	58	exceeds 10 years;
59	59	(2) is convicted of a state jail felony for which
60	60	suspension of the imposition of the sentence occurs automatically
61	61	under Article 42A.551;
62	62	(3) is adjudged guilty of an offense under Section
63	63	19.02, Penal Code;
64	64	(4) is convicted of an offense under Section
65	65	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
66	66	offense was younger than 14 years of age at the time the offense was
67	67	committed;
68	68	(5) is convicted of an offense under Section 20.04,
69	69	Penal Code, if:
70	70	(A) the victim of the offense was younger than 14
71	71	years of age at the time the offense was committed; and
72	72	(B) the actor committed the offense with the
73	73	intent to violate or abuse the victim sexually;
74	74	(6) is convicted of an offense under Section 20A.02,
75	75	43.05, or 43.25, Penal Code; [or]
76	76	(7) is convicted of an offense for which punishment is
77	77	increased under Section 481.134(c), (d), (e), or (f), Health and
78	78	Safety Code, if it is shown that the defendant has been previously
79	79	convicted of an offense for which punishment was increased under
80	80	any of those subsections; or
81	81	(8) is convicted of an offense under Section
82	82	22.04(a)(1) or (2) or (a-1)(1) or (2), Penal Code, if:
83	83	(A) the offense is punishable as a felony of the
84	84	first degree; and
85	85	(B) the victim of the offense is a child.
86	86	SECTION 3. Section 22.04, Penal Code, is amended by
87	87	amending Subsection (e) and adding Subsection (e-1) to read as
88	88	follows:
89	89	(e) Except as provided by Subsection (e-1), an [An] offense
90	90	under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
91	91	first degree if [when] the conduct was [is] committed intentionally
92	92	or knowingly. If [When] the conduct was [is] engaged in
93	93	recklessly, the offense is a felony of the second degree.
94	94	(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1)
95	95	or (2) is a felony of the first degree, punishable by imprisonment
96	96	in the Texas Department of Criminal Justice for any term of not more
97	97	than 99 years or less than 10 years, if:
98	98	(1) the conduct was committed intentionally or
99	99	knowingly; and
100	100	(2) the victim of the offense was a child at the time
101	101	of the offense.
102	102	SECTION 4. The changes in law made by this Act apply only to
103	103	an offense committed on or after the effective date of this Act. An
104	104	offense committed before the effective date of this Act is governed
105	105	by the law in effect on the date the offense was committed, and the
106	106	former law is continued in effect for that purpose. For purposes of
107	107	this section, an offense was committed before the effective date of
108	108	this Act if any element of the offense occurred before that date.
109	109	SECTION 5. This Act takes effect September 1, 2017.