| 1 | 1 | | 86R3081 TSS-D |
|---|
| 2 | 2 | | By: Hunter H.B. No. 3588 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to increasing the criminal penalties for the offenses of |
|---|
| 8 | 8 | | producing, directing, or promoting a sexual performance by a child |
|---|
| 9 | 9 | | and possessing child pornography. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 43.25(e), Penal Code, is amended to read |
|---|
| 12 | 12 | | as follows: |
|---|
| 13 | 13 | | (e) An offense under Subsection (d) is a felony of the |
|---|
| 14 | 14 | | second [third] degree, except that the offense is a felony of the |
|---|
| 15 | 15 | | first [second] degree if the victim is younger than 14 years of age |
|---|
| 16 | 16 | | at the time the offense is committed, regardless of whether the |
|---|
| 17 | 17 | | actor knows the age of the victim at the time of the offense. |
|---|
| 18 | 18 | | SECTION 2. Section 43.26(d), Penal Code, is amended to read |
|---|
| 19 | 19 | | as follows: |
|---|
| 20 | 20 | | (d) An offense under Subsection (a) is a felony of the |
|---|
| 21 | 21 | | second [third] degree, except that the offense is[: |
|---|
| 22 | 22 | | [(1) a felony of the second degree if it is shown on |
|---|
| 23 | 23 | | the trial of the offense that the person has been previously |
|---|
| 24 | 24 | | convicted one time of an offense under that subsection; and |
|---|
| 25 | 25 | | [(2)] a felony of the first degree if it is shown on |
|---|
| 26 | 26 | | the trial of the offense that the person has been previously |
|---|
| 27 | 27 | | convicted [two or more times] of an offense under that subsection. |
|---|
| 28 | 28 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 29 | 29 | | an offense committed on or after the effective date of this Act. An |
|---|
| 30 | 30 | | offense committed before the effective date of this Act is governed |
|---|
| 31 | 31 | | by the law in effect when the offense was committed, and the former |
|---|
| 32 | 32 | | law is continued in effect for that purpose. For purposes of this |
|---|
| 33 | 33 | | section, an offense was committed before the effective date of this |
|---|
| 34 | 34 | | Act if any element of the offense occurred before that date. |
|---|
| 35 | 35 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|