Texas 2019 - 86th Regular

Texas House Bill HB3561 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11072 KJE-F
2	2	By: Farrar H.B. No. 3561
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the criminal offense of continuous
8	8	sexual assault.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 22, Penal Code, is amended by adding
11	11	Section 22.022 to read as follows:
12	12	Sec. 22.022. CONTINUOUS SEXUAL ASSAULT. (a) A person
13	13	commits an offense if, during a period that is 30 or more days in
14	14	duration, the person commits two or more acts of sexual assault,
15	15	regardless of whether the acts of sexual assault are committed
16	16	against one or more victims.
17	17	(b) For purposes of this section, "act of sexual assault"
18	18	means any act that is a violation of Section 22.011 or 22.021.
19	19	(c) If a jury is the trier of fact, members of the jury are
20	20	not required to agree unanimously on which specific acts of sexual
21	21	assault were committed by the defendant or the exact date when those
22	22	acts were committed. The jury must agree unanimously that the
23	23	defendant, during a period that is 30 or more days in duration,
24	24	committed two or more acts of sexual assault.
25	25	(d) A defendant may not be convicted in the same criminal
26	26	action of an offense listed under Subsection (b) the victim of which
27	27	is the same victim as a victim of the offense alleged under
28	28	Subsection (a) unless the offense listed in Subsection (b):
29	29	(1) is charged in the alternative;
30	30	(2) occurred outside the period in which the offense
31	31	alleged under Subsection (a) was committed; or
32	32	(3) is considered by the trier of fact to be a lesser
33	33	included offense of the offense alleged under Subsection (a).
34	34	(e) A defendant may not be charged with more than one count
35	35	under Subsection (a) if all of the specific acts of sexual assault
36	36	that are alleged to have been committed are alleged to have been
37	37	committed against a single victim.
38	38	(f) An offense under this section is a felony of the first
39	39	degree, punishable by imprisonment in the Texas Department of
40	40	Criminal Justice for life, or for any term of not more than 99 years
41	41	or less than 25 years.
42	42	(g) If conduct that constitutes an offense under this
43	43	section also constitutes an offense under Section 21.02, the actor
44	44	may be prosecuted under this section or Section 21.02.
45	45	SECTION 2. Article 12.01, Code of Criminal Procedure, is
46	46	amended to read as follows:
47	47	Art. 12.01. FELONIES. Except as provided in Article 12.03,
48	48	felony indictments may be presented within these limits, and not
49	49	afterward:
50	50	(1) no limitation:
51	51	(A) murder and manslaughter;
52	52	(B) sexual assault under Section 22.011(a)(2),
53	53	Penal Code, or aggravated sexual assault under Section
54	54	22.021(a)(1)(B), Penal Code;
55	55	(C) sexual assault or continuous sexual assault,
56	56	if:
57	57	(i) during the investigation of the offense
58	58	biological matter is collected and subjected to forensic DNA
59	59	testing and the testing results show that the matter does not match
60	60	the victim or any other person whose identity is readily
61	61	ascertained; or
62	62	(ii) probable cause exists to believe that
63	63	the defendant has committed the same or a similar sexual offense
64	64	against five or more victims;
65	65	(D) continuous sexual abuse of young child or
66	66	children under Section 21.02, Penal Code;
67	67	(E) indecency with a child under Section 21.11,
68	68	Penal Code;
69	69	(F) an offense involving leaving the scene of an
70	70	accident under Section 550.021, Transportation Code, if the
71	71	accident resulted in the death of a person;
72	72	(G) trafficking of persons under Section
73	73	20A.02(a)(7) or (8), Penal Code;
74	74	(H) continuous trafficking of persons under
75	75	Section 20A.03, Penal Code; or
76	76	(I) compelling prostitution under Section
77	77	43.05(a)(2), Penal Code;
78	78	(2) ten years from the date of the commission of the
79	79	offense:
80	80	(A) theft of any estate, real, personal or mixed,
81	81	by an executor, administrator, guardian or trustee, with intent to
82	82	defraud any creditor, heir, legatee, ward, distributee,
83	83	beneficiary or settlor of a trust interested in such estate;
84	84	(B) theft by a public servant of government
85	85	property over which he exercises control in his official capacity;
86	86	(C) forgery or the uttering, using or passing of
87	87	forged instruments;
88	88	(D) injury to an elderly or disabled individual
89	89	punishable as a felony of the first degree under Section 22.04,
90	90	Penal Code;
91	91	(E) sexual assault or continuous sexual assault,
92	92	except as provided by Subdivision (1);
93	93	(F) arson;
94	94	(G) trafficking of persons under Section
95	95	20A.02(a)(1), (2), (3), or (4), Penal Code; or
96	96	(H) compelling prostitution under Section
97	97	43.05(a)(1), Penal Code;
98	98	(3) seven years from the date of the commission of the
99	99	offense:
100	100	(A) misapplication of fiduciary property or
101	101	property of a financial institution;
102	102	(B) securing execution of document by deception;
103	103	(C) a felony violation under Chapter 162, Tax
104	104	Code;
105	105	(D) false statement to obtain property or credit
106	106	under Section 32.32, Penal Code;
107	107	(E) money laundering;
108	108	(F) credit card or debit card abuse under Section
109	109	32.31, Penal Code;
110	110	(G) fraudulent use or possession of identifying
111	111	information under Section 32.51, Penal Code;
112	112	(H) exploitation of a child, elderly individual,
113	113	or disabled individual under Section 32.53, Penal Code;
114	114	(I) Medicaid fraud under Section 35A.02, Penal
115	115	Code; or
116	116	(J) bigamy under Section 25.01, Penal Code,
117	117	except as provided by Subdivision (6);
118	118	(4) five years from the date of the commission of the
119	119	offense:
120	120	(A) theft or robbery;
121	121	(B) except as provided by Subdivision (5),
122	122	kidnapping or burglary;
123	123	(C) injury to an elderly or disabled individual
124	124	that is not punishable as a felony of the first degree under Section
125	125	22.04, Penal Code;
126	126	(D) abandoning or endangering a child; or
127	127	(E) insurance fraud;
128	128	(5) if the investigation of the offense shows that the
129	129	victim is younger than 17 years of age at the time the offense is
130	130	committed, 20 years from the 18th birthday of the victim of one of
131	131	the following offenses:
132	132	(A) sexual performance by a child under Section
133	133	43.25, Penal Code;
134	134	(B) aggravated kidnapping under Section
135	135	20.04(a)(4), Penal Code, if the defendant committed the offense
136	136	with the intent to violate or abuse the victim sexually; or
137	137	(C) burglary under Section 30.02, Penal Code, if
138	138	the offense is punishable under Subsection (d) of that section and
139	139	the defendant committed the offense with the intent to commit an
140	140	offense described by Subdivision (1)(B) or (D) of this article or
141	141	Paragraph (B) of this subdivision;
142	142	(6) ten years from the 18th birthday of the victim of
143	143	the offense:
144	144	(A) trafficking of persons under Section
145	145	20A.02(a)(5) or (6), Penal Code;
146	146	(B) injury to a child under Section 22.04, Penal
147	147	Code; or
148	148	(C) bigamy under Section 25.01, Penal Code, if
149	149	the investigation of the offense shows that the person, other than
150	150	the legal spouse of the defendant, whom the defendant marries or
151	151	purports to marry or with whom the defendant lives under the
152	152	appearance of being married is younger than 18 years of age at the
153	153	time the offense is committed; or
154	154	(7) three years from the date of the commission of the
155	155	offense: all other felonies.
156	156	SECTION 3. Article 42A.054(a), Code of Criminal Procedure,
157	157	is amended to read as follows:
158	158	(a) Article 42A.053 does not apply to a defendant adjudged
159	159	guilty of an offense under:
160	160	(1) Section 15.03, Penal Code, if the offense is
161	161	punishable as a felony of the first degree;
162	162	(2) Section 19.02, Penal Code (Murder);
163	163	(3) Section 19.03, Penal Code (Capital Murder);
164	164	(4) Section 20.04, Penal Code (Aggravated
165	165	Kidnapping);
166	166	(5) Section 20A.02, Penal Code (Trafficking of
167	167	Persons);
168	168	(6) Section 21.11(a)(1), Penal Code (Indecency with a
169	169	Child);
170	170	(7) Section 22.011, Penal Code (Sexual Assault);
171	171	(8) Section 22.021, Penal Code (Aggravated Sexual
172	172	Assault);
173	173	(9) Section 22.022, Penal Code (Continuous Sexual
174	174	Assault);
175	175	(10) Section 22.04(a)(1), Penal Code (Injury to a
176	176	Child, Elderly Individual, or Disabled Individual), if:
177	177	(A) the offense is punishable as a felony of the
178	178	first degree; and
179	179	(B) the victim of the offense is a child;
180	180	(11) [(10)] Section 29.03, Penal Code (Aggravated
181	181	Robbery);
182	182	(12) [(11)] Section 30.02, Penal Code (Burglary), if:
183	183	(A) the offense is punishable under Subsection
184	184	(d) of that section; and
185	185	(B) the actor committed the offense with the
186	186	intent to commit a felony under Section 21.02, 21.11, 22.011,
187	187	22.021, 22.022, or 25.02, Penal Code;
188	188	(13) [(12)] Section 43.05, Penal Code (Compelling
189	189	Prostitution);
190	190	(14) [(13)] Section 43.25, Penal Code (Sexual
191	191	Performance by a Child); or
192	192	(15) [(14)] Chapter 481, Health and Safety Code, for
193	193	which punishment is increased under:
194	194	(A) Section 481.140 of that code (Use of Child in
195	195	Commission of Offense); or
196	196	(B) Section 481.134(c), (d), (e), or (f) of that
197	197	code (Drug-free Zones) if it is shown that the defendant has been
198	198	previously convicted of an offense for which punishment was
199	199	increased under any of those subsections.
200	200	SECTION 4. Articles 62.001(5) and (6), Code of Criminal
201	201	Procedure, are amended to read as follows:
202	202	(5) "Reportable conviction or adjudication" means a
203	203	conviction or adjudication, including an adjudication of
204	204	delinquent conduct or a deferred adjudication, that, regardless of
205	205	the pendency of an appeal, is a conviction for or an adjudication
206	206	for or based on:
207	207	(A) a violation of Section 21.02 (Continuous
208	208	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
209	209	(Indecency with a child), 22.011 (Sexual assault), 22.021
210	210	(Aggravated sexual assault), 22.022 (Continuous sexual assault),
211	211	or 25.02 (Prohibited sexual conduct), Penal Code;
212	212	(B) a violation of Section 43.05 (Compelling
213	213	prostitution), 43.25 (Sexual performance by a child), or 43.26
214	214	(Possession or promotion of child pornography), Penal Code;
215	215	(B-1) a violation of Section 43.02
216	216	(Prostitution), Penal Code, if the offense is punishable under
217	217	Subsection (c-1)(3) of that section;
218	218	(C) a violation of Section 20.04(a)(4)
219	219	(Aggravated kidnapping), Penal Code, if the actor committed the
220	220	offense or engaged in the conduct with intent to violate or abuse
221	221	the victim sexually;
222	222	(D) a violation of Section 30.02 (Burglary),
223	223	Penal Code, if the offense or conduct is punishable under
224	224	Subsection (d) of that section and the actor committed the offense
225	225	or engaged in the conduct with intent to commit a felony listed in
226	226	Paragraph (A) or (C);
227	227	(E) a violation of Section 20.02 (Unlawful
228	228	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
229	229	Penal Code, if, as applicable:
230	230	(i) the judgment in the case contains an
231	231	affirmative finding under Article 42.015; or
232	232	(ii) the order in the hearing or the papers
233	233	in the case contain an affirmative finding that the victim or
234	234	intended victim was younger than 17 years of age;
235	235	(F) the second violation of Section 21.08
236	236	(Indecent exposure), Penal Code, but not if the second violation
237	237	results in a deferred adjudication;
238	238	(G) an attempt, conspiracy, or solicitation, as
239	239	defined by Chapter 15, Penal Code, to commit an offense or engage in
240	240	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
241	241	(H) a violation of the laws of another state,
242	242	federal law, the laws of a foreign country, or the Uniform Code of
243	243	Military Justice for or based on the violation of an offense
244	244	containing elements that are substantially similar to the elements
245	245	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
246	246	(G), (J), (K), or (L), but not if the violation results in a
247	247	deferred adjudication;
248	248	(I) the second violation of the laws of another
249	249	state, federal law, the laws of a foreign country, or the Uniform
250	250	Code of Military Justice for or based on the violation of an offense
251	251	containing elements that are substantially similar to the elements
252	252	of the offense of indecent exposure, but not if the second violation
253	253	results in a deferred adjudication;
254	254	(J) a violation of Section 33.021 (Online
255	255	solicitation of a minor), Penal Code;
256	256	(K) a violation of Section 20A.02(a)(3), (4),
257	257	(7), or (8) (Trafficking of persons), Penal Code; or
258	258	(L) a violation of Section 20A.03 (Continuous
259	259	trafficking of persons), Penal Code, if the offense is based partly
260	260	or wholly on conduct that constitutes an offense under Section
261	261	20A.02(a)(3), (4), (7), or (8) of that code.
262	262	(6) "Sexually violent offense" means any of the
263	263	following offenses committed by a person 17 years of age or older:
264	264	(A) an offense under Section 21.02 (Continuous
265	265	sexual abuse of young child or children), 21.11(a)(1) (Indecency
266	266	with a child), 22.011 (Sexual assault), [or] 22.021 (Aggravated
267	267	sexual assault), or 22.022 (Continuous sexual assault), Penal Code;
268	268	(B) an offense under Section 43.25 (Sexual
269	269	performance by a child), Penal Code;
270	270	(C) an offense under Section 20.04(a)(4)
271	271	(Aggravated kidnapping), Penal Code, if the defendant committed the
272	272	offense with intent to violate or abuse the victim sexually;
273	273	(D) an offense under Section 30.02 (Burglary),
274	274	Penal Code, if the offense is punishable under Subsection (d) of
275	275	that section and the defendant committed the offense with intent to
276	276	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
277	277	or
278	278	(E) an offense under the laws of another state,
279	279	federal law, the laws of a foreign country, or the Uniform Code of
280	280	Military Justice if the offense contains elements that are
281	281	substantially similar to the elements of an offense listed under
282	282	Paragraph (A), (B), (C), or (D).
283	283	SECTION 5. Section 3.03(b), Penal Code, is amended to read
284	284	as follows:
285	285	(b) If the accused is found guilty of more than one offense
286	286	arising out of the same criminal episode, the sentences may run
287	287	concurrently or consecutively if each sentence is for a conviction
288	288	of:
289	289	(1) an offense:
290	290	(A) under Section 49.07 or 49.08, regardless of
291	291	whether the accused is convicted of violations of the same section
292	292	more than once or is convicted of violations of both sections; or
293	293	(B) for which a plea agreement was reached in a
294	294	case in which the accused was charged with more than one offense
295	295	listed in Paragraph (A), regardless of whether the accused is
296	296	charged with violations of the same section more than once or is
297	297	charged with violations of both sections;
298	298	(2) an offense:
299	299	(A) under Section 33.021 or an offense under
300	300	Section 21.02, 21.11, 22.011, 22.021, 22.022, 25.02, or 43.25
301	301	committed against a victim younger than 17 years of age at the time
302	302	of the commission of the offense regardless of whether the accused
303	303	is convicted of violations of the same section more than once or is
304	304	convicted of violations of more than one section; or
305	305	(B) for which a plea agreement was reached in a
306	306	case in which the accused was charged with more than one offense
307	307	listed in Paragraph (A) committed against a victim younger than 17
308	308	years of age at the time of the commission of the offense regardless
309	309	of whether the accused is charged with violations of the same
310	310	section more than once or is charged with violations of more than
311	311	one section;
312	312	(3) an offense:
313	313	(A) under Section 21.15 or 43.26, regardless of
314	314	whether the accused is convicted of violations of the same section
315	315	more than once or is convicted of violations of both sections; or
316	316	(B) for which a plea agreement was reached in a
317	317	case in which the accused was charged with more than one offense
318	318	listed in Paragraph (A), regardless of whether the accused is
319	319	charged with violations of the same section more than once or is
320	320	charged with violations of both sections;
321	321	(4) an offense for which the judgment in the case
322	322	contains an affirmative finding under Article 42.0197, Code of
323	323	Criminal Procedure;
324	324	(5) an offense:
325	325	(A) under Section 20A.02 or 43.05, regardless of
326	326	whether the accused is convicted of violations of the same section
327	327	more than once or is convicted of violations of both sections; or
328	328	(B) for which a plea agreement was reached in a
329	329	case in which the accused was charged with more than one offense
330	330	listed in Paragraph (A), regardless of whether the accused is
331	331	charged with violations of the same section more than once or is
332	332	charged with violations of both sections; or
333	333	(6) an offense:
334	334	(A) under Section 22.04(a)(1) or (2) or Section
335	335	22.04(a-1)(1) or (2) that is punishable as a felony of the first
336	336	degree, regardless of whether the accused is convicted of
337	337	violations of the same section more than once or is convicted of
338	338	violations of more than one section; or
339	339	(B) for which a plea agreement was reached in a
340	340	case in which the accused was charged with more than one offense
341	341	listed in Paragraph (A) and punishable as described by that
342	342	paragraph, regardless of whether the accused is charged with
343	343	violations of the same section more than once or is charged with
344	344	violations of more than one section.
345	345	SECTION 6. This Act takes effect September 1, 2019.