| 1 | 1 | | 85R13491 KJE-D |
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| 2 | 2 | | By: Creighton S.B. No. 2221 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the punishment for certain sexual offenses |
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| 8 | 8 | | committed against a child with a disability. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.11, Penal Code, is amended by adding |
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| 11 | 11 | | Subsection (e) to read as follows: |
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| 12 | 12 | | (e) An offense under this section is increased to the next |
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| 13 | 13 | | higher category of offense if it is shown on the trial of the |
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| 14 | 14 | | offense that the offense was committed against a disabled |
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| 15 | 15 | | individual, as defined by Section 22.04. |
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| 16 | 16 | | SECTION 2. Section 22.011(f), Penal Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (f) An offense under this section is a felony of the second |
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| 19 | 19 | | degree, except that an offense under this section is a felony of the |
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| 20 | 20 | | first degree if: |
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| 21 | 21 | | (1) the victim was a person whom the actor was |
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| 22 | 22 | | prohibited from marrying or purporting to marry or with whom the |
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| 23 | 23 | | actor was prohibited from living under the appearance of being |
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| 24 | 24 | | married under Section 25.01; or |
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| 25 | 25 | | (2) the offense is committed under Subsection (a)(2) |
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| 26 | 26 | | against a disabled individual, as defined by Section 22.04. |
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| 27 | 27 | | SECTION 3. The changes in law made by this Act apply only to |
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| 28 | 28 | | an offense committed on or after the effective date of this Act. An |
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| 29 | 29 | | offense committed before the effective date of this Act is governed |
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| 30 | 30 | | by the law in effect on the date the offense was committed, and the |
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| 31 | 31 | | former law is continued in effect for that purpose. For purposes of |
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| 32 | 32 | | this section, an offense was committed before the effective date of |
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| 33 | 33 | | this Act if any element of the offense occurred before that date. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2017. |
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