85R12395 ADM-D
By: Dukes H.B. No. 2190
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. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 21.11(a)(1), Penal Code (Indecency with a
Child);
(7) Section 22.011, Penal Code (Sexual Assault);
(8) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(9) 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:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(10) Section 29.03, Penal Code (Aggravated Robbery);
(11) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) 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;
(12) Section 43.05, Penal Code (Compelling
Prostitution);
(13) Section 43.25, Penal Code (Sexual Performance by
a Child); or
(14) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community
supervision under Article 42A.055 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 Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
offense was younger than 14 years of age at the time the offense was
committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
43.05, or 43.25, Penal Code; [or]
(7) 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 of those subsections; or
(8) is convicted of an offense under Section
22.04(a)(1) or (2) or (a-1)(1) or (2), Penal Code, if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child.
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, 2017.