Texas 2017 - 85th Regular

Texas Senate Bill SB900 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman S.B. No. 900
2		-	(In the Senate - Filed February 15, 2017; February 28, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 27, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 27, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 900 By: Huffman
	1	+	By: Huffman, Garcia, Zaffirini S.B. No. 900
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13		-	relating to ~~enhanced~~ penalties for certain family violence
14		-	offenses; imposing court costs.
	6	+	relating to penalties for certain family violence offenses and for
	7	+	assultive offenses against certain persons; imposing court costs.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
17	10		by adding Section 12.475 to read as follows:
18	11		Sec. 12.475. PENALTY FOR REPEAT FAMILY VIOLENCE OFFENDERS.
19	12		(a) This section applies only to an offense that is:
20	13		(1) a Class A misdemeanor or any higher category of
21	14		offense; and
22	15		(2) committed under:
23	16		(A) Title 5, if an affirmative finding under
24	17		Article 42.013, Code of Criminal Procedure, is made in the trial of
25	18		the offense; or
26	19		(B) Section 25.11.
27	20		(b) An offense described by Subsection (a) is a felony of
28	21		the second degree if it is shown on the trial of the offense that the
29	22		actor has been previously convicted two or more times of any offense
30	23		described by that subsection. This subsection does not apply to an
31	24		offense that is a felony of the first degree or a capital felony.
32	25		(c) For the purposes of this section, a defendant has been
33	26		previously convicted of an offense described by Subsection (a) if
34	27		the defendant was adjudged guilty of the offense or entered a plea
35	28		of guilty or nolo contendere in return for a grant of deferred
36	29		adjudication community supervision, regardless of whether the
37	30		sentence for the offense was ever imposed or whether the sentence
38	31		was probated and the defendant was subsequently discharged from
39	32		community supervision.
40	33		(d) A previous conviction for an offense described by
41	34		Subsection (a) may be used for purposes of enhancement under this
42	35		section or enhancement under another provision of this subchapter,
43	36		but not under both this section and the other provision of this
44	37		subchapter.
45	38		(e) If the punishment scheme for an offense described by
46	39		Subsection (a) contains a specific enhancement provision
47	40		increasing punishment to a felony of the first degree for a
48	41		defendant who has previously been convicted of the offense, the
49	42		specific enhancement provision controls over this section.
50	43		SECTION 2. Section 22.01, Penal Code, is amended by adding
51	44		Subsection (b-2) to read as follows:
52	45		(b-2) Notwithstanding Subsection (b), unless an exception
53	46		is otherwise provided by that subsection, an offense under
54	47		Subsection (a)(1) is a Class A misdemeanor with a minimum term of
55	48		confinement of 30 days if:
56	49		(1) the offense is committed against a person whose
57	50		relationship to or association with the defendant is described by
58	51		Section 71.0021(b), 71.003, or 71.005, Family Code;
59	52		(2) the offense is committed in the physical presence
60	53		or within the hearing of a person who is younger than 15 years of
61	54		age; and
62	55		(3) at the time of the offense, the person has
63	56		knowledge or reason to know that the person who is younger than 15
64	57		years of age is present and may see or hear the offense.
65		-	SECTION 3. Article 42A.504, Code of Criminal Procedure, is
	58	+	SECTION 3. Chapter 22, Penal Code, is amended by adding
	59	+	Section 22.042 to read as follows:
	60	+	Sec. 22.042. CONTINUOUS INJURY TO A CHILD, ELDERLY
	61	+	INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an
	62	+	offense if, during a period that is 30 or more days but less than
	63	+	five years in duration, the person engages two or more times in
	64	+	conduct that constitutes an offense under Section 22.04 against one
	65	+	or more victims.
	66	+	(b) If a jury is the trier of fact, members of the jury are
	67	+	not required to agree unanimously on which specific conduct engaged
	68	+	in by the defendant constituted an offense under Section 22.04 or on
	69	+	which exact date the defendant engaged in that conduct. The jury
	70	+	must agree unanimously that the defendant, during a period that is
	71	+	30 or more days but less than five years in duration, engaged in
	72	+	conduct that constituted an offense under Section 22.04.
	73	+	(c) If the victim of an offense under Subsection (a) is the
	74	+	same victim as a victim of an offense under Section 22.04, a
	75	+	defendant may not be convicted of the offense under Section 22.04 in
	76	+	the same criminal action as the offense under Subsection (a),
	77	+	unless the offense under Section 22.04:
	78	+	(1) is charged in the alternative;
	79	+	(2) occurred outside the period in which the offense
	80	+	alleged under Subsection (a) was committed; or
	81	+	(3) is considered by the trier of fact to be a lesser
	82	+	included offense of the offense alleged under Subsection (a).
	83	+	(d) A defendant may not be charged with more than one count
	84	+	under Subsection (a) if all of the conduct that constitutes an
	85	+	offense under Section 22.04 is alleged to have been committed
	86	+	against the same victim.
	87	+	(e) An offense under this section is a felony of the first
	88	+	degree.
	89	+	SECTION 4. Article 42A.504, Code of Criminal Procedure, is
66	90		amended by adding Subsections (e) and (f) to read as follows:
67	91		(e) If a defendant is convicted of and placed on community
68	92		supervision for, or placed on deferred adjudication community
69	93		supervision for, an offense punished under Section 12.475, Penal
70	94		Code, the judge shall require as a condition of community
71	95		supervision that the defendant submit to a term of confinement of
72	96		not less than 90 days.
73	97		(f) If a defendant is convicted of and placed on community
74	98		supervision for, or placed on deferred adjudication community
75	99		supervision for, an offense under Section 22.01, Penal Code, and
76	100		punished under Subsection (b-2) of that section, the judge shall
77	101		require as a condition of community supervision that the defendant
78	102		submit to not less than five days of continuous confinement in
79	103		county jail.
80		-	SECTION 4. Subchapter A, Chapter 102, Code of Criminal
	104	+	SECTION 5. Subchapter A, Chapter 102, Code of Criminal
81	105		Procedure, is amended by adding Article 102.0188 to read as
82	106		follows:
83	107		Art. 102.0188. ADDITIONAL COSTS ATTENDANT TO CERTAIN FAMILY
84	108		VIOLENCE CONVICTIONS. (a) A defendant shall pay $500 on
85	109		conviction of an offense punished under Section 12.475, Penal Code.
86	110		(b) Costs imposed under this article are imposed without
87	111		regard to whether the defendant is placed on community supervision
88	112		after being convicted of the offense or is placed on deferred
89	113		adjudication community supervision for the offense.
90	114		(c) The clerks of the respective courts shall collect the
91	115		costs and pay them to the county treasurer, or to any other official
92	116		who discharges the duties commonly delegated to the county
93	117		treasurer, for deposit in a fund to be known as the family violence
94	118		prevention fund. A fund designated by this subsection may be used
95	119		only to fund family violence prevention programs, battering
96	120		intervention and prevention programs, family violence centers, and
97	121		other resources for victims of family violence in the county where
98	122		the court is located.
99	123		(d) The county family violence prevention fund shall be
100	124		administered by or under the direction of the commissioners court.
101		-	SECTION 5. Subchapter B, Chapter 102, Government Code, is
	125	+	SECTION 6. Subchapter B, Chapter 102, Government Code, is
102	126		amended by adding Section 102.0216 to read as follows:
103	127		Sec. 102.0216. ADDITIONAL COURT COSTS: CODE OF CRIMINAL
104	128		PROCEDURE. A defendant convicted of an offense punished under
105	129		Section 12.475, Penal Code, shall pay a cost on conviction, in
106	130		addition to all other costs, to fund resources for victims of family
107	131		violence (Art. 102.0188, Code of Criminal Procedure) . . . $500.
108		-	SECTION 6. The changes in law made by this Act apply only to
	132	+	SECTION 7. The changes in law made by this Act apply only to
109	133		an offense committed on or after the effective date of this Act. An
110	134		offense committed before the effective date of this Act is governed
111	135		by the law in effect on the date the offense was committed, and the
112	136		former law is continued in effect for that purpose. For purposes of
113	137		this section, an offense was committed before the effective date of
114	138		this Act if any element of the offense occurred before that date.
115		-	SECTION 7. This Act takes effect only if a specific
	139	+	SECTION 8. This Act takes effect only if a specific
116	140		appropriation for the implementation of the Act is provided in a
117	141		general appropriations act of the 85th Legislature.
118		-	SECTION 8. This Act takes effect September 1, 2017.
119		-	* * * * *
	142	+	SECTION 9. This Act takes effect September 1, 2017.