85R2908 MAW-D
By: Minjarez H.B. No. 415
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of aggravated
kidnapping.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.04(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the actor [he]
intentionally or knowingly abducts another person with the intent
to:
(1) hold the person [him] for ransom or reward;
(2) use the person [him] as a shield or hostage;
(3) facilitate the commission of a felony or the
flight after the attempt or commission of a felony;
(4) inflict bodily injury on the person [him or
violate or abuse him sexually];
(5) terrorize the person [him] or a third person; [or]
(6) interfere with the performance of any governmental
or political function; or
(7) violate or abuse the person sexually.
SECTION 2. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sexual offense
against five or more victims;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) Medicaid fraud under Section 35A.02, Penal
Code; or
(I) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(7) [20.04(a)(4)], Penal Code [, if the defendant committed
the offense with the intent to violate or abuse the victim
sexually]; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 3. 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(a)(7) [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.
SECTION 4. Article 42A.251(2), Code of Criminal Procedure,
is amended to read as follows:
(2) "Sex offender" means a person who has been
convicted of, or has entered a plea of guilty or nolo contendere
for, an offense under any one of the following provisions of the
Penal Code:
(A) Section 20.04(a)(7) [20.04(a)(4)]
(Aggravated Kidnapping) [, if the person committed the offense with
the intent to violate or abuse the victim sexually];
(B) Section 21.08 (Indecent Exposure);
(C) Section 21.11 (Indecency with a Child);
(D) Section 22.011 (Sexual Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
(F) Section 25.02 (Prohibited Sexual Conduct);
(G) Section 30.02 (Burglary), if:
(i) the offense is punishable under
Subsection (d) of that section; and
(ii) the person committed the offense with
the intent to commit a felony listed in this subdivision;
(H) Section 43.25 (Sexual Performance by a
Child); or
(I) Section 43.26 (Possession or Promotion of
Child Pornography).
SECTION 5. Article 42A.453(b), Code of Criminal Procedure,
is amended to read as follows:
(b) This article applies to a defendant placed on community
supervision for an offense under:
(1) Section 20.04(a)(7) [20.04(a)(4)], Penal Code [,
if the defendant committed the offense with the intent to violate or
abuse the victim sexually];
(2) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code;
(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the defendant committed the
offense with the intent to commit a felony listed in Subdivision (1)
or (3); or
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
SECTION 6. Article 60.051(g), Code of Criminal Procedure,
is amended to read as follows:
(g) In addition to the information described by Subsections
(a)-(f), information in the computerized criminal history system
must include the age of the victim of the offense if the defendant
was arrested for or charged with an offense under:
(1) Section 21.02 (Continuous sexual abuse of young
child or children), Penal Code;
(2) Section 21.11 (Indecency with a child), Penal
Code;
(3) Section 22.011 (Sexual assault) or 22.021
(Aggravated sexual assault), Penal Code;
(4) Section 43.25 (Sexual performance by a child),
Penal Code;
(5) Section 20.04(a)(7) [20.04(a)(4)] (Aggravated
kidnapping), Penal Code [, if the defendant committed the offense
with intent to violate or abuse the victim sexually];
(6) Section 30.02 (Burglary), Penal Code, if the
offense is punishable under Subsection (d) of that section and the
defendant committed the offense with intent to commit an offense
described by Subdivision (2), (3), or (5);
(7) Section 20A.02 (Trafficking of persons), Penal
Code, if the defendant:
(A) trafficked a person with the intent or
knowledge that the person would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked person engaging in sexual conduct, as
defined by Section 43.25, Penal Code; or
(8) Section 43.05(a)(2) (Compelling prostitution),
Penal Code.
SECTION 7. Articles 62.001(5) and (6), Code of Criminal
Procedure, are amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c)(3) of that section;
(C) a violation of Section 20.04(a)(7)
[20.04(a)(4)] (Aggravated kidnapping), Penal Code [, if the actor
committed the offense or engaged in the conduct with intent to
violate or abuse the victim sexually];
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), or (K), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.02 (Continuous
sexual abuse of young child or children), 21.11(a)(1) (Indecency
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(7)
[20.04(a)(4)] (Aggravated kidnapping), Penal Code [, if the
defendant committed the offense with intent to violate or abuse the
victim sexually];
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 8. Section 411.1471(a), Government Code, is amended
to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4) or (7);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26;
(J) Section 21.02; or
(K) Section 20A.03;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense:
(A) under Title 5, Penal Code, other than an
offense described by Subdivision (1), that is punishable as a Class
A misdemeanor or any higher category of offense, except for an
offense punishable as a Class A misdemeanor under Section 20.02,
22.01, or 22.05, Penal Code; or
(B) under Section 21.08, 25.04, 43.03, or 43.24,
Penal Code.
SECTION 9. Section 508.187(a), Government Code, is amended
to read as follows:
(a) This section applies only to a releasee serving a
sentence for an offense under:
(1) Section 43.25 or 43.26, Penal Code;
(2) Section 21.02, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) Section 20.04(a)(7) [20.04(a)(4)], Penal Code [,
if the releasee committed the offense with the intent to violate or
abuse the victim sexually];
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the releasee committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3);
(5) Section 43.05(a)(2), Penal Code; or
(6) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code.
SECTION 10. Section 841.002(8), Health and Safety Code, is
amended to read as follows:
(8) "Sexually violent offense" means:
(A) an offense under Section 21.02, 21.11(a)(1),
22.011, or 22.021, Penal Code;
(B) an offense under Section 20.04(a)(7)
[20.04(a)(4)], Penal Code [, if the person committed the offense
with the intent to violate or abuse the victim sexually];
(C) an offense under Section 30.02, Penal Code,
if the offense is punishable under Subsection (d) of that section
and the person committed the offense with the intent to commit an
offense listed in Paragraph (A) or (B);
(D) an offense under Section 19.02 or 19.03,
Penal Code, that, during the guilt or innocence phase or the
punishment phase for the offense, during the adjudication or
disposition of delinquent conduct constituting the offense, or
subsequently during a civil commitment proceeding under Subchapter
D, is determined beyond a reasonable doubt to have been based on
sexually motivated conduct;
(E) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense listed in
Paragraph (A), (B), (C), or (D);
(F) an offense under prior state law that
contains elements substantially similar to the elements of an
offense listed in Paragraph (A), (B), (C), (D), or (E); or
(G) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense listed
in Paragraph (A), (B), (C), (D), or (E).
SECTION 11. Section 12.42(c)(2), Penal Code, is amended to
read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.02(a)(7) or (8),
21.11(a)(1), 22.021, or 22.011 [, Penal Code];
(ii) under Section 20.04(a)(7)
[20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually]; or
(iii) under Section 30.02, [Penal Code,]
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (i) or (ii) or a felony under Section 21.11 [, Penal
Code]; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26 [, Penal
Code], or [an offense] under Section 43.23 if[, Penal Code,]
punishable under Subsection (h) of that section;
(ii) under Section 20A.02(a)(7) or (8),
21.02, 21.11, 22.011, 22.021, or 25.02 [, Penal Code];
(iii) under Section 20.04(a)(7)
[20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually];
(iv) under Section 30.02, [Penal Code,]
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
SECTION 12. Section 21.02(c), Penal Code, is amended to
read as follows:
(c) For purposes of this section, "act of sexual abuse"
means any act that is a violation of one or more of the following
penal laws:
(1) aggravated kidnapping under Section 20.04(a)(7)
[20.04(a)(4), if the actor committed the offense with the intent to
violate or abuse the victim sexually];
(2) indecency with a child under Section 21.11(a)(1),
if the actor committed the offense in a manner other than by
touching, including touching through clothing, the breast of a
child;
(3) sexual assault under Section 22.011;
(4) aggravated sexual assault under Section 22.021;
(5) burglary under Section 30.02, if the offense is
punishable under Subsection (d) of that section and the actor
committed the offense with the intent to commit an offense listed in
Subdivisions (1)-(4);
(6) sexual performance by a child under Section 43.25;
(7) trafficking of persons under Section 20A.02(a)(7)
or (8); and
(8) compelling prostitution under Section
43.05(a)(2).
SECTION 13. The change in law made by this Act applies 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 14. This Act takes effect September 1, 2017.