85R24397 LHC-F
By: Parker, Meyer, Burkett H.B. No. 2960
Substitute the following for H.B. No. 2960:
By: Moody C.S.H.B. No. 2960
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of certain trafficking
and sexual offenses; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20A.02(b), Penal Code, is amended to
read as follows:
(b) Except as otherwise provided by this subsection, an
offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of [the actor
commits] the offense; or
(2) the commission of the offense results in the death
of the person who is trafficked.
SECTION 2. Section 21.02(b), Penal Code, is amended to read
as follows:
(b) A person commits an offense if:
(1) during a period that is 30 or more days in
duration, the person commits two or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 17 years of age or older and the victim
is a child younger than 14 years of age, regardless of whether the
actor knows the age of the victim at the time of the offense.
SECTION 3. Section 21.11(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, with a child younger
than 17 years of age, whether the child is of the same or opposite
sex and regardless of whether the person knows the age of the child
at the time of the offense, the person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
SECTION 4. Section 22.011(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if [the person]:
(1) the person intentionally or knowingly:
(A) causes the penetration of the anus or sexual
organ of another person by any means, without that person's
consent;
(B) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(C) causes the sexual organ of another person,
without that person's consent, to contact or penetrate the mouth,
anus, or sexual organ of another person, including the actor; or
(2) regardless of whether the person knows the age of
the child at the time of the offense, the person intentionally or
knowingly:
(A) causes the penetration of the anus or sexual
organ of a child by any means;
(B) causes the penetration of the mouth of a
child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact
or penetrate the mouth, anus, or sexual organ of another person,
including the actor;
(D) causes the anus of a child to contact the
mouth, anus, or sexual organ of another person, including the
actor; or
(E) causes the mouth of a child to contact the
anus or sexual organ of another person, including the actor.
SECTION 5. Section 22.021(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of another person by any means, without that person's
consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) regardless of whether the person knows the
age of the child at the time of the offense, intentionally or
knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that any person will become the victim of an offense under
Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
bodily injury, or kidnapping will be imminently inflicted on any
person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause any person to become the
victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) with the intent of facilitating the
commission of the offense, administers or provides [flunitrazepam,
otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
the victim of the offense any substance capable of impairing the
victim's ability to appreciate the nature of the applicable conduct
described by Subdivision (1) or to resist the conduct [with the
intent of facilitating the commission of the offense];
(B) the victim is younger than 14 years of age,
regardless of whether the person knows the age of the victim at the
time of the offense; or
(C) the victim is an elderly individual or a
disabled individual.
SECTION 6. Section 33.021(a)(1), Penal Code, is amended to
read as follows:
(1) "Minor" means:
(A) an individual who is younger than 17 years of
age regardless of whether the actor knows the age of the individual
at the time of the offense; or
(B) an individual whom the actor believes to be
younger than 17 years of age.
SECTION 7. Section 33.021(f), Penal Code, is amended to
read as follows:
(f) An offense under Subsection (b) is a felony of the third
degree, except that the offense is a felony of the second degree if,
at the time of the offense, the minor is younger than 14 years of
age, regardless of whether the actor knows the age of the minor at
that time, or is an individual whom the actor believes to be younger
than 14 years of age at that [the] time [of the commission of the
offense]. An offense under Subsection (c) is a felony of the second
degree.
SECTION 8. Section 43.02, Penal Code, as amended by
Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
Legislature, Regular Session, 2015, is amended by amending
Subsections (a) and (b), reenacting Subsection (c), and reenacting
and amending Subsection (c-1) to read as follows:
(a) A person commits an offense if, in return for receipt of
a fee, the person knowingly:
(1) offers to engage, agrees to engage, or engages in
sexual conduct; or
(2) solicits another [in a public place] to engage
with the actor in sexual conduct [for hire].
(b) A person commits an offense if, based on the payment of a
fee by the actor or another person on behalf of the actor, the
person knowingly:
(1) offers to engage, agrees to engage, or engages in
sexual conduct; or
(2) solicits another [in a public place] to engage
with the actor in sexual conduct [for hire].
(c) An offense under Subsection (a) is a Class B
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (a);
or
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(a).
(c-1) An offense under Subsection (b) is a Class A [B]
misdemeanor, except that the offense is:
(1) a state jail felony [Class A misdemeanor] if the
actor has previously been convicted one or two times of an offense
under Subsection (b);
(2) a [state jail] felony of the third degree if the
actor has previously been convicted three or more times of an
offense under Subsection (b); or
(3) a felony of the first [second] degree if the person
solicited is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person solicited at the time
of [the actor commits] the offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 9. Section 43.03, Penal Code, is amended to read as
follows:
Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
commits an offense if, acting other than as a prostitute receiving
compensation for personally rendered prostitution services, the
actor [he or she] knowingly:
(1) receives money or other property pursuant to an
agreement to participate in the proceeds of prostitution; [or]
(2) solicits or procures another to engage in sexual
conduct with another person for compensation;
(3) provides a person or premises for prostitution
purposes;
(4) operates or assists in the operation of a
prostitution enterprise; or
(5) engages in other conduct designed to institute,
aid, or facilitate an act or enterprise of prostitution.
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the actor has been
previously convicted of an offense under this section; or
(2) a felony of the second degree if the actor engages
in conduct described by Subsection (a) [(a)(1) or (2)] involving a
person younger than 18 years of age engaging in prostitution,
regardless of whether the actor knows the age of the person at the
time of [the actor commits] the offense.
(c) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and Subchapter D, Chapter 12. For
purposes of enhancement of penalties under this section or
Subchapter D, Chapter 12, a defendant is previously convicted of an
offense under this section if the defendant was adjudged guilty of
the offense or entered a plea of guilty or nolo contendere in return
for a grant of deferred adjudication community supervision,
regardless of whether the sentence for the offense was ever imposed
or whether the sentence was probated and the defendant was
subsequently discharged from deferred adjudication community
supervision.
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 10. Section 43.04, Penal Code, is amended to read as
follows:
Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
person commits an offense if the person engages in conduct that
constitutes an offense under Section 43.03 and the person:
(1) engages in the conduct with respect to two or more
prostitutes; or
(2) while engaged in the conduct:
(A) causes serious bodily injury to another; or
(B) uses or exhibits a deadly weapon [he
knowingly owns, invests in, finances, controls, supervises, or
manages a prostitution enterprise that uses two or more
prostitutes].
(b) An offense under this section is a felony of the third
degree, except that an [the] offense under Subsection (a)(1) is a
felony of the first degree if the applicable conduct involves the
use of [prostitution enterprise uses as a prostitute] one or more
persons younger than 18 years of age as a prostitute, regardless of
whether the actor knows the age of the person at the time of [the
actor commits] the offense.
SECTION 11. Section 43.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, or fraud to
commit prostitution; or
(2) causes by any means a child younger than 18 years
to commit prostitution, regardless of whether the actor knows the
age of the child at the time of [the actor commits] the offense.
SECTION 12. Section 43.25, Penal Code, is amended by
amending Subsections (c) and (e) and adding Subsection (h) to read
as follows:
(c) An offense under Subsection (b) is a felony of the
second degree, except that the offense is a felony of the first
degree if the victim is younger than 14 years of age at the time the
offense is committed, regardless of whether the actor knows the age
of the victim at the time of the offense.
(e) An offense under Subsection (d) is a felony of the third
degree, except that the offense is a felony of the second degree if
the victim is younger than 14 years of age at the time the offense is
committed, regardless of whether the actor knows the age of the
victim at the time of the offense.
(h) Conduct under this section constitutes an offense
regardless of whether the actor knows the age of the victim at the
time of the offense.
SECTION 13. Section 43.251, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the victim [child] is younger than 14 years of age at the time the
offense is committed, regardless of whether the actor knows the age
of the victim at the time of the offense.
(d) Conduct under this section constitutes an offense
regardless of whether the actor knows the age of the victim at the
time of the offense.
SECTION 14. 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 15. This Act takes effect September 1, 2017.