Texas 2017 - 85th Regular

Texas House Bill HB2960 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R24397 LHC-F
2		-	By: Parker, Meyer, Burkett H.B. No. 2960
3		-	Substitute the following for H.B. No. 2960:
4		-	By: Moody C.S.H.B. No. 2960
	1	+	By: Parker, Meyer, Burkett, H.B. No. 2960
	2	+	Bonnen of Brazoria
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution and punishment of certain trafficking
10	8		and sexual offenses; increasing a criminal penalty.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 20A.02(b), Penal Code, is amended to
13	11		read as follows:
14	12		(b) Except as otherwise provided by this subsection, an
15	13		offense under this section is a felony of the second degree. An
16	14		offense under this section is a felony of the first degree if:
17	15		(1) the applicable conduct constitutes an offense
18	16		under Subsection (a)(5), (6), (7), or (8), regardless of whether
19	17		the actor knows the age of the child at the time of [the actor
20	18		commits] the offense; or
21	19		(2) the commission of the offense results in the death
22	20		of the person who is trafficked.
23	21		SECTION 2. Section 21.02(b), Penal Code, is amended to read
24	22		as follows:
25	23		(b) A person commits an offense if:
26	24		(1) during a period that is 30 or more days in
27	25		duration, the person commits two or more acts of sexual abuse,
28	26		regardless of whether the acts of sexual abuse are committed
29	27		against one or more victims; and
30	28		(2) at the time of the commission of each of the acts
31	29		of sexual abuse, the actor is 17 years of age or older and the victim
32	30		is a child younger than 14 years of age, regardless of whether the
33	31		actor knows the age of the victim at the time of the offense.
34	32		SECTION 3. Section 21.11(a), Penal Code, is amended to read
35	33		as follows:
36	34		(a) A person commits an offense if, with a child younger
37	35		than 17 years of age, whether the child is of the same or opposite
38	36		sex and regardless of whether the person knows the age of the child
39	37		at the time of the offense, the person:
40	38		(1) engages in sexual contact with the child or causes
41	39		the child to engage in sexual contact; or
42	40		(2) with intent to arouse or gratify the sexual desire
43	41		of any person:
44	42		(A) exposes the person's anus or any part of the
45	43		person's genitals, knowing the child is present; or
46	44		(B) causes the child to expose the child's anus
47	45		or any part of the child's genitals.
48	46		SECTION 4. Section 22.011(a), Penal Code, is amended to
49	47		read as follows:
50	48		(a) A person commits an offense if [the person]:
51	49		(1) the person intentionally or knowingly:
52	50		(A) causes the penetration of the anus or sexual
53	51		organ of another person by any means, without that person's
54	52		consent;
55	53		(B) causes the penetration of the mouth of
56	54		another person by the sexual organ of the actor, without that
57	55		person's consent; or
58	56		(C) causes the sexual organ of another person,
59	57		without that person's consent, to contact or penetrate the mouth,
60	58		anus, or sexual organ of another person, including the actor; or
61	59		(2) regardless of whether the person knows the age of
62	60		the child at the time of the offense, the person intentionally or
63	61		knowingly:
64	62		(A) causes the penetration of the anus or sexual
65	63		organ of a child by any means;
66	64		(B) causes the penetration of the mouth of a
67	65		child by the sexual organ of the actor;
68	66		(C) causes the sexual organ of a child to contact
69	67		or penetrate the mouth, anus, or sexual organ of another person,
70	68		including the actor;
71	69		(D) causes the anus of a child to contact the
72	70		mouth, anus, or sexual organ of another person, including the
73	71		actor; or
74	72		(E) causes the mouth of a child to contact the
75	73		anus or sexual organ of another person, including the actor.
76	74		SECTION 5. Section 22.021(a), Penal Code, is amended to
77	75		read as follows:
78	76		(a) A person commits an offense:
79	77		(1) if the person:
80	78		(A) intentionally or knowingly:
81	79		(i) causes the penetration of the anus or
82	80		sexual organ of another person by any means, without that person's
83	81		consent;
84	82		(ii) causes the penetration of the mouth of
85	83		another person by the sexual organ of the actor, without that
86	84		person's consent; or
87	85		(iii) causes the sexual organ of another
88	86		person, without that person's consent, to contact or penetrate the
89	87		mouth, anus, or sexual organ of another person, including the
90	88		actor; or
91	89		(B) regardless of whether the person knows the
92	90		age of the child at the time of the offense, intentionally or
93	91		knowingly:
94	92		(i) causes the penetration of the anus or
95	93		sexual organ of a child by any means;
96	94		(ii) causes the penetration of the mouth of
97	95		a child by the sexual organ of the actor;
98	96		(iii) causes the sexual organ of a child to
99	97		contact or penetrate the mouth, anus, or sexual organ of another
100	98		person, including the actor;
101	99		(iv) causes the anus of a child to contact
102	100		the mouth, anus, or sexual organ of another person, including the
103	101		actor; or
104	102		(v) causes the mouth of a child to contact
105	103		the anus or sexual organ of another person, including the actor; and
106	104		(2) if:
107	105		(A) the person:
108	106		(i) causes serious bodily injury or
109	107		attempts to cause the death of the victim or another person in the
110	108		course of the same criminal episode;
111	109		(ii) by acts or words places the victim in
112	110		fear that any person will become the victim of an offense under
113	111		Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
114	112		bodily injury, or kidnapping will be imminently inflicted on any
115	113		person;
116	114		(iii) by acts or words occurring in the
117	115		presence of the victim threatens to cause any person to become the
118	116		victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
119	117		to cause the death, serious bodily injury, or kidnapping of any
120	118		person;
121	119		(iv) uses or exhibits a deadly weapon in the
122	120		course of the same criminal episode;
123	121		(v) acts in concert with another who
124	122		engages in conduct described by Subdivision (1) directed toward the
125	123		same victim and occurring during the course of the same criminal
126	124		episode; or
127	125		(vi) with the intent of facilitating the
128	126		commission of the offense, administers or provides [flunitrazepam,
129	127		otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
130	128		the victim of the offense any substance capable of impairing the
131	129		victim's ability to appreciate the nature of the applicable conduct
132	130		described by Subdivision (1) or to resist the conduct [with the
133	131		intent of facilitating the commission of the offense];
134	132		(B) the victim is younger than 14 years of age,
135	133		regardless of whether the person knows the age of the victim at the
136	134		time of the offense; or
137	135		(C) the victim is an elderly individual or a
138	136		disabled individual.
139	137		SECTION 6. Section 33.021(a)(1), Penal Code, is amended to
140	138		read as follows:
141	139		(1) "Minor" means:
142	140		(A) an individual who is younger than 17 years of
143	141		age regardless of whether the actor knows the age of the individual
144	142		at the time of the offense; or
145	143		(B) an individual whom the actor believes to be
146	144		younger than 17 years of age.
147	145		SECTION 7. Section 33.021(f), Penal Code, is amended to
148	146		read as follows:
149	147		(f) An offense under Subsection (b) is a felony of the third
150	148		degree, except that the offense is a felony of the second degree if,
151	149		at the time of the offense, the minor is younger than 14 years of
152	150		age, regardless of whether the actor knows the age of the minor at
153	151		that time, or is an individual whom the actor believes to be younger
154	152		than 14 years of age at that [the] time [of the commission of the
155	153		offense]. An offense under Subsection (c) is a felony of the second
156	154		degree.
157	155		SECTION 8. Section 43.02, Penal Code, as amended by
158	156		Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
159	157		Legislature, Regular Session, 2015, is amended by amending
160	158		Subsections (a) and (b), reenacting Subsection (c), and reenacting
161	159		and amending Subsection (c-1) to read as follows:
162		-	(a) A person commits an offense if, in return for receipt of
163		-	a fee, the person knowingly:
164		-	(1) offers to engage, agrees to engage, or engages in
	160	+	(a) A person commits an offense if[, in return for receipt
	161	+	of a fee,] the person knowingly offers or agrees to receive a fee
	162	+	from another to engage in sexual conduct[:
	163	+	[(1) offers to engage, agrees to engage, or engages in
165	164		sexual conduct; or
166		-	(2) solicits another [in a public place] to engage
167		-	with the actor in sexual conduct [for hire].
168		-	(b) A person commits an offense if, based on the payment of a
169		-	fee by the actor or another person on behalf of the actor, the
170		-	person knowingly:
171		-	(1) offers to engage, agrees to engage, or engages in
	165	+	[(2) solicits another in a public place to engage with
	166	+	the actor in sexual conduct for hire].
	167	+	(b) A person commits an offense if[, based on the payment of
	168	+	a fee by the actor or another person on behalf of the actor,] the
	169	+	person knowingly offers or agrees to pay a fee to another person for
	170	+	the purpose of engaging in sexual conduct with that person or
	171	+	another[:
	172	+	[(1) offers to engage, agrees to engage, or engages in
172	173		sexual conduct; or
173		-	(2) solicits another [in a public place] to engage
174		-	~~with~~ the actor in sexual conduct [for hire].
	174	+	[(2) solicits another in a public place to engage with
	175	+	the actor in sexual conduct for hire].
175	176		(c) An offense under Subsection (a) is a Class B
176	177		misdemeanor, except that the offense is:
177	178		(1) a Class A misdemeanor if the actor has previously
178	179		been convicted one or two times of an offense under Subsection (a);
179	180		or
180	181		(2) a state jail felony if the actor has previously
181	182		been convicted three or more times of an offense under Subsection
182	183		(a).
183		-	(c-1) An offense under Subsection (b) is a Class ~~A [~~B]
	184	+	(c-1) An offense under Subsection (b) is a Class B
184	185		misdemeanor, except that the offense is:
185		-	(1) a state jail felony [Class A misdemeanor] if the
186		-	actor has previously been convicted one or two times of an offense
187		-	under Subsection (b);
188		-	(2) a [state jail] felony of the third degree if the
189		-	actor has previously been convicted three or more times of an
190		-	offense under Subsection (b); or
191		-	(3) a felony of the first [second] degree if the person
192		-	solicited is:
	186	+	(1) a Class A misdemeanor if the actor has previously
	187	+	been convicted one or two times of an offense under Subsection (b);
	188	+	(2) a state jail felony if the actor has previously
	189	+	been convicted three or more times of an offense under Subsection
	190	+	(b); or
	191	+	(3) a felony of the second degree if the person with
	192	+	whom the actor agrees to engage in sexual conduct [solicited] is:
193	193		(A) younger than 18 years of age, regardless of
194		-	whether the actor knows the age of the person solicited at the ~~time~~
195		-	of [the actor commits] the offense;
	194	+	whether the actor knows the age of the person [solicited] at the
	195	+	time of [the actor commits] the offense;
196	196		(B) represented to the actor as being younger
197	197		than 18 years of age; or
198	198		(C) believed by the actor to be younger than 18
199	199		years of age.
200	200		SECTION 9. Section 43.03, Penal Code, is amended to read as
201	201		follows:
202	202		Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
203	203		commits an offense if, acting other than as a prostitute receiving
204	204		compensation for personally rendered prostitution services, the
205	205		actor [he or she] knowingly:
206	206		(1) receives money or other property pursuant to an
207	207		agreement to participate in the proceeds of prostitution; [or]
208	208		(2) solicits or procures another to engage in sexual
209	209		conduct with another person for compensation;
210	210		(3) provides a person or premises for prostitution
211	211		purposes;
212	212		(4) operates or assists in the operation of a
213	213		prostitution enterprise; or
214	214		(5) engages in other conduct designed to institute,
215	215		aid, or facilitate an act or enterprise of prostitution.
216	216		(b) An offense under this section is a Class A misdemeanor,
217	217		except that the offense is:
218	218		(1) a state jail felony if the actor has been
219	219		previously convicted of an offense under this section; or
220	220		(2) a felony of the second degree if the actor engages
221	221		in conduct described by Subsection (a) [(a)(1) or (2)] involving a
222	222		person younger than 18 years of age engaging in prostitution,
223	223		regardless of whether the actor knows the age of the person at the
224	224		time of [the actor commits] the offense.
225	225		(c) A conviction may be used for purposes of enhancement
226	226		under this section or enhancement under Subchapter D, Chapter 12,
227	227		but not under both this section and Subchapter D, Chapter 12. For
228	228		purposes of enhancement of penalties under this section or
229	229		Subchapter D, Chapter 12, a defendant is previously convicted of an
230	230		offense under this section if the defendant was adjudged guilty of
231	231		the offense or entered a plea of guilty or nolo contendere in return
232	232		for a grant of deferred adjudication community supervision,
233	233		regardless of whether the sentence for the offense was ever imposed
234	234		or whether the sentence was probated and the defendant was
235	235		subsequently discharged from deferred adjudication community
236	236		supervision.
237	237		(d) If conduct constituting an offense under this section
238	238		also constitutes an offense under another section of this code, the
239	239		actor may be prosecuted under either section or under both
240	240		sections.
241		-	SECTION 10. Section 43.04, Penal Code, is amended to read as
242		-	follows:
243		-	Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
244		-	person commits an offense if the person engages in conduct that
245		-	constitutes an offense under Section 43.03 and the person:
246		-	(1) engages in the conduct with respect to two or more
247		-	prostitutes; or
248		-	(2) while engaged in the conduct:
249		-	(A) causes serious bodily injury to another; or
250		-	(B) uses or exhibits a deadly weapon [he
251		-	knowingly owns, invests in, finances, controls, supervises, or
252		-	manages a prostitution enterprise that uses two or more
253		-	prostitutes].
254		-	(b) An offense under this section is a felony of the third
255		-	degree, except that an [the] offense under Subsection (a)(1) is a
256		-	felony of the first degree if the applicable conduct involves the
257		-	use of [prostitution enterprise uses as a prostitute] one or more
258		-	persons younger than 18 years of age as a prostitute, regardless of
259		-	whether the actor knows the age of the person at the time of [the
260		-	actor commits] the offense.
	241	+	SECTION 10. Section 43.04(b), Penal Code, is amended to
	242	+	read as follows:
	243	+	(b) An offense under this section is a felony of the second
	244	+	[third] degree, except that the offense is a felony of the first
	245	+	degree if the prostitution enterprise uses as a prostitute one or
	246	+	more persons younger than 18 years of age, regardless of whether the
	247	+	actor knows the age of the person at the time of [the actor commits]
	248	+	the offense.
261	249		SECTION 11. Section 43.05(a), Penal Code, is amended to
262	250		read as follows:
263	251		(a) A person commits an offense if the person knowingly:
264	252		(1) causes another by force, threat, or fraud to
265	253		commit prostitution; or
266	254		(2) causes by any means a child younger than 18 years
267	255		to commit prostitution, regardless of whether the actor knows the
268	256		age of the child at the time of [the actor commits] the offense.
269	257		SECTION 12. Section 43.25, Penal Code, is amended by
270	258		amending Subsections (c) and (e) and adding Subsection (h) to read
271	259		as follows:
272	260		(c) An offense under Subsection (b) is a felony of the
273	261		second degree, except that the offense is a felony of the first
274	262		degree if the victim is younger than 14 years of age at the time the
275	263		offense is committed, regardless of whether the actor knows the age
276	264		of the victim at the time of the offense.
277	265		(e) An offense under Subsection (d) is a felony of the third
278	266		degree, except that the offense is a felony of the second degree if
279	267		the victim is younger than 14 years of age at the time the offense is
280	268		committed, regardless of whether the actor knows the age of the
281	269		victim at the time of the offense.
282	270		(h) Conduct under this section constitutes an offense
283	271		regardless of whether the actor knows the age of the victim at the
284	272		time of the offense.
285	273		SECTION 13. Section 43.251, Penal Code, is amended by
286	274		amending Subsection (c) and adding Subsection (d) to read as
287	275		follows:
288	276		(c) An offense under this section is a felony of the second
289	277		degree, except that the offense is a felony of the first degree if
290	278		the victim [child] is younger than 14 years of age at the time the
291	279		offense is committed, regardless of whether the actor knows the age
292	280		of the victim at the time of the offense.
293	281		(d) Conduct under this section constitutes an offense
294	282		regardless of whether the actor knows the age of the victim at the
295	283		time of the offense.
296	284		SECTION 14. The changes in law made by this Act apply only
297	285		to an offense committed on or after the effective date of this Act.
298	286		An offense committed before the effective date of this Act is
299	287		governed by the law in effect on the date the offense was committed,
300	288		and the former law is continued in effect for that purpose. For
301	289		purposes of this section, an offense was committed before the
302	290		effective date of this Act if any element of the offense occurred
303	291		before that date.
304	292		SECTION 15. This Act takes effect September 1, 2017.