Texas 2021 - 87th Regular

Texas House Bill HB3111 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R17249 ADM-F
2	2		By: Meyer, Hunter, A. Johnson of Harris H.B. No. 3111
	3	+	Substitute the following for H.B. No. 3111:
	4	+	By: Bell of Kaufman C.S.H.B. No. 3111
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the criminal offense of online solicitation relating to
8	10		a minor; creating a criminal offense; changing eligibility for
9	11		community supervision.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		ARTICLE 1. ONLINE SOLICITATION RELATING TO A MINOR
12	14		SECTION 1.01. Article 42A.054(a), Code of Criminal
13	15		Procedure, is amended to read as follows:
14	16		(a) Article 42A.053 does not apply to a defendant adjudged
15	17		guilty of an offense under:
16	18		(1) Section 15.03, Penal Code, if the offense is
17	19		punishable as a felony of the first degree;
18	20		(2) Section 19.02, Penal Code (Murder);
19	21		(3) Section 19.03, Penal Code (Capital Murder);
20	22		(4) Section 20.04, Penal Code (Aggravated
21	23		Kidnapping);
22	24		(5) Section 20A.02, Penal Code (Trafficking of
23	25		Persons);
24	26		(6) Section 20A.03, Penal Code (Continuous
25	27		Trafficking of Persons);
26	28		(7) Section 21.11, Penal Code (Indecency with a
27	29		Child);
28	30		(8) Section 22.011, Penal Code (Sexual Assault);
29	31		(9) Section 22.021, Penal Code (Aggravated Sexual
30	32		Assault);
31	33		(10) Section 22.04(a)(1), Penal Code (Injury to a
32	34		Child, Elderly Individual, or Disabled Individual), if:
33	35		(A) the offense is punishable as a felony of the
34	36		first degree; and
35	37		(B) the victim of the offense is a child;
36	38		(11) Section 29.03, Penal Code (Aggravated Robbery);
37	39		(12) Section 30.02, Penal Code (Burglary), if:
38	40		(A) the offense is punishable under Subsection
39	41		(d) of that section; and
40	42		(B) the actor committed the offense with the
41	43		intent to commit a felony under Section 21.02, 21.11, 22.011,
42	44		22.021, or 25.02, Penal Code;
43	45		(13) Section 33.021, Penal Code (Online Solicitation
44	46		Relating to a Minor);
45	47		(14) Section 43.04, Penal Code (Aggravated Promotion
46	48		of Prostitution);
47	49		(15) [(14)] Section 43.05, Penal Code (Compelling
48	50		Prostitution);
49	51		(16) [(15)] Section 43.25, Penal Code (Sexual
50	52		Performance by a Child); or
51	53		(17) [(16)] Chapter 481, Health and Safety Code, for
52	54		which punishment is increased under:
53	55		(A) Section 481.140 of that code (Use of Child in
54	56		Commission of Offense); or
55	57		(B) Section 481.134(c), (d), (e), or (f) of that
56	58		code (Drug-free Zones) if it is shown that the defendant has been
57	59		previously convicted of an offense for which punishment was
58	60		increased under any of those subsections.
59	61		SECTION 1.02. Article 42A.056, Code of Criminal Procedure,
60	62		is amended to read as follows:
61	63		Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
62	64		SUPERVISION. A defendant is not eligible for community supervision
63	65		under Article 42A.055 if the defendant:
64	66		(1) is sentenced to a term of imprisonment that
65	67		exceeds 10 years;
66	68		(2) is convicted of a state jail felony for which
67	69		suspension of the imposition of the sentence occurs automatically
68	70		under Article 42A.551;
69	71		(3) is adjudged guilty of an offense under Section
70	72		19.02, Penal Code;
71	73		(4) is convicted of an offense under Section 21.11,
72	74		22.011, or 22.021, Penal Code, if the victim of the offense was
73	75		younger than 14 years of age at the time the offense was committed;
74	76		(5) is convicted of an offense under Section 20.04,
75	77		Penal Code, if:
76	78		(A) the victim of the offense was younger than 14
77	79		years of age at the time the offense was committed; and
78	80		(B) the actor committed the offense with the
79	81		intent to violate or abuse the victim sexually;
80	82		(6) is convicted of an offense under Section 20A.02,
81	83		20A.03, 33.021, 43.04, 43.05, or 43.25, Penal Code; or
82	84		(7) is convicted of an offense for which punishment is
83	85		increased under Section 481.134(c), (d), (e), or (f), Health and
84	86		Safety Code, if it is shown that the defendant has been previously
85	87		convicted of an offense for which punishment was increased under
86	88		any of those subsections.
87	89		SECTION 1.03. The heading to Section 33.021, Penal Code, is
88	90		amended to read as follows:
89	91		Sec. 33.021. ONLINE SOLICITATION RELATING TO [OF] A MINOR.
90	92		SECTION 1.04. Section 33.021, Penal Code, is amended by
91	93		adding Subsections (c-1) and (f-1) and amending Subsections (d),
92	94		(e), and (f) to read as follows:
93	95		(c-1) A person commits an offense if the person, over the
94	96		Internet, by electronic mail or text message or other electronic
95	97		message service or system, or through a commercial online service,
96	98		knowingly solicits a person with the intent that the solicitation
97	99		will cause a minor to meet another person, including the actor, to
98	100		engage in sexual contact, sexual intercourse, or deviate sexual
99	101		intercourse.
100	102		(d) It is not a defense to prosecution under Subsection (c)
101	103		or (c-1) that the meeting did not occur.
102	104		(e) It is a defense to prosecution under this section that
103	105		at the time conduct described by Subsection (c) or (c-1) was
104	106		committed:
105	107		(1) the actor was married to the minor; or
106	108		(2) the actor was not more than three years older than
107	109		the minor and the minor consented to the conduct.
108	110		(f) An offense under Subsection (b) is a felony of the third
109	111		degree, except that the offense is a felony of the second degree if
110	112		the minor is younger than 14 years of age or is an individual whom
111	113		the actor believes to be younger than 14 years of age at the time of
112	114		the commission of the offense.
113	115		(f-1) An offense under Subsection (c) or (c-1) is a felony
114	116		of the second degree.
115	117		ARTICLE 2. CONFORMING AMENDMENTS
116	118		SECTION 2.01. Section 2(a), Article 38.37, Code of Criminal
117	119		Procedure, is amended to read as follows:
118	120		(a) Subsection (b) applies only to the trial of a defendant
119	121		for:
120	122		(1) an offense under any of the following provisions
121	123		of the Penal Code:
122	124		(A) Section 20A.02, if punishable as a felony of
123	125		the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
124	126		Child);
125	127		(B) Section 21.02 (Continuous Sexual Abuse of
126	128		Young Child or Children);
127	129		(C) Section 21.11 (Indecency With a Child);
128	130		(D) Section 22.011(a)(2) (Sexual Assault of a
129	131		Child);
130	132		(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
131	133		Sexual Assault of a Child);
132	134		(F) Section 33.021 (Online Solicitation Relating
133	135		to [of] a Minor);
134	136		(G) Section 43.25 (Sexual Performance by a
135	137		Child); or
136	138		(H) Section 43.26 (Possession or Promotion of
137	139		Child Pornography), Penal Code; or
138	140		(2) an attempt or conspiracy to commit an offense
139	141		described by Subdivision (1).
140	142		SECTION 2.02. Article 62.001(5), Code of Criminal
141	143		Procedure, is amended to read as follows:
142	144		(5) "Reportable conviction or adjudication" means a
143	145		conviction or adjudication, including an adjudication of
144	146		delinquent conduct or a deferred adjudication, that, regardless of
145	147		the pendency of an appeal, is a conviction for or an adjudication
146	148		for or based on:
147	149		(A) a violation of Section 21.02 (Continuous
148	150		sexual abuse of young child or children), 21.09 (Bestiality), 21.11
149	151		(Indecency with a child), 22.011 (Sexual assault), 22.021
150	152		(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
151	153		Penal Code;
152	154		(B) a violation of Section 43.04 (Aggravated
153	155		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
154	156		(Sexual performance by a child), or 43.26 (Possession or promotion
155	157		of child pornography), Penal Code;
156	158		(B-1) a violation of Section 43.02
157	159		(Prostitution), Penal Code, if the offense is punishable under
158	160		Subsection (c-1)(2) of that section;
159	161		(C) a violation of Section 20.04(a)(4)
160	162		(Aggravated kidnapping), Penal Code, if the actor committed the
161	163		offense or engaged in the conduct with intent to violate or abuse
162	164		the victim sexually;
163	165		(D) a violation of Section 30.02 (Burglary),
164	166		Penal Code, if the offense or conduct is punishable under
165	167		Subsection (d) of that section and the actor committed the offense
166	168		or engaged in the conduct with intent to commit a felony listed in
167	169		Paragraph (A) or (C);
168	170		(E) a violation of Section 20.02 (Unlawful
169	171		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
170	172		Penal Code, if, as applicable:
171	173		(i) the judgment in the case contains an
172	174		affirmative finding under Article 42.015; or
173	175		(ii) the order in the hearing or the papers
174	176		in the case contain an affirmative finding that the victim or
175	177		intended victim was younger than 17 years of age;
176	178		(F) the second violation of Section 21.08
177	179		(Indecent exposure), Penal Code, but not if the second violation
178	180		results in a deferred adjudication;
179	181		(G) an attempt, conspiracy, or solicitation, as
180	182		defined by Chapter 15, Penal Code, to commit an offense or engage in
181	183		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
182	184		(H) a violation of the laws of another state,
183	185		federal law, the laws of a foreign country, or the Uniform Code of
184	186		Military Justice for or based on the violation of an offense
185	187		containing elements that are substantially similar to the elements
186	188		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
187	189		(G), (J), (K), or (L), but not if the violation results in a
188	190		deferred adjudication;
189	191		(I) the second violation of the laws of another
190	192		state, federal law, the laws of a foreign country, or the Uniform
191	193		Code of Military Justice for or based on the violation of an offense
192	194		containing elements that are substantially similar to the elements
193	195		of the offense of indecent exposure, but not if the second violation
194	196		results in a deferred adjudication;
195	197		(J) a violation of Section 33.021 (Online
196	198		solicitation relating to [of] a minor), Penal Code;
197	199		(K) a violation of Section 20A.02(a)(3), (4),
198	200		(7), or (8) (Trafficking of persons), Penal Code; or
199	201		(L) a violation of Section 20A.03 (Continuous
200	202		trafficking of persons), Penal Code, if the offense is based partly
201	203		or wholly on conduct that constitutes an offense under Section
202	204		20A.02(a)(3), (4), (7), or (8) of that code.
203	205		SECTION 2.03. Section 250.006(a), Health and Safety Code,
204	206		is amended to read as follows:
205	207		(a) A person for whom the facility or the individual
206	208		employer is entitled to obtain criminal history record information
207	209		may not be employed in a facility or by an individual employer if
208	210		the person has been convicted of an offense listed in this
209	211		subsection:
210	212		(1) an offense under Chapter 19, Penal Code (criminal
211	213		homicide);
212	214		(2) an offense under Chapter 20, Penal Code
213	215		(kidnapping, unlawful restraint, and smuggling of persons);
214	216		(3) an offense under Section 21.02, Penal Code
215	217		(continuous sexual abuse of young child or children), or Section
216	218		21.11, Penal Code (indecency with a child);
217	219		(4) an offense under Section 22.011, Penal Code
218	220		(sexual assault);
219	221		(5) an offense under Section 22.02, Penal Code
220	222		(aggravated assault);
221	223		(6) an offense under Section 22.04, Penal Code (injury
222	224		to a child, elderly individual, or disabled individual);
223	225		(7) an offense under Section 22.041, Penal Code
224	226		(abandoning or endangering child);
225	227		(8) an offense under Section 22.08, Penal Code (aiding
226	228		suicide);
227	229		(9) an offense under Section 25.031, Penal Code
228	230		(agreement to abduct from custody);
229	231		(10) an offense under Section 25.08, Penal Code (sale
230	232		or purchase of child);
231	233		(11) an offense under Section 28.02, Penal Code
232	234		(arson);
233	235		(12) an offense under Section 29.02, Penal Code
234	236		(robbery);
235	237		(13) an offense under Section 29.03, Penal Code
236	238		(aggravated robbery);
237	239		(14) an offense under Section 21.08, Penal Code
238	240		(indecent exposure);
239	241		(15) an offense under Section 21.12, Penal Code
240	242		(improper relationship between educator and student);
241	243		(16) an offense under Section 21.15, Penal Code
242	244		(invasive visual recording);
243	245		(17) an offense under Section 22.05, Penal Code
244	246		(deadly conduct);
245	247		(18) an offense under Section 22.021, Penal Code
246	248		(aggravated sexual assault);
247	249		(19) an offense under Section 22.07, Penal Code
248	250		(terroristic threat);
249	251		(20) an offense under Section 32.53, Penal Code
250	252		(exploitation of child, elderly individual, or disabled
251	253		individual);
252	254		(21) an offense under Section 33.021, Penal Code
253	255		(online solicitation relating to [of] a minor);
254	256		(22) an offense under Section 34.02, Penal Code (money
255	257		laundering);
256	258		(23) an offense under Section 35A.02, Penal Code
257	259		(health care fraud);
258	260		(24) an offense under Section 36.06, Penal Code
259	261		(obstruction or retaliation);
260	262		(25) an offense under Section 42.09, Penal Code
261	263		(cruelty to livestock animals), or under Section 42.092, Penal Code
262	264		(cruelty to nonlivestock animals); or
263	265		(26) a conviction under the laws of another state,
264	266		federal law, or the Uniform Code of Military Justice for an offense
265	267		containing elements that are substantially similar to the elements
266	268		of an offense listed by this subsection.
267	269		SECTION 2.04. Section 773.0614(c), Health and Safety Code,
268	270		is amended to read as follows:
269	271		(c) A certificate holder's certificate shall be revoked if
270	272		the certificate holder has been convicted of or placed on deferred
271	273		adjudication community supervision or deferred disposition for:
272	274		(1) an offense listed in Article 42A.054(a)(2), (3),
273	275		(4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
274	276		Procedure; or
275	277		(2) an offense, other than an offense described by
276	278		Subdivision (1), committed on or after September 1, 2009, for which
277	279		the person is subject to registration under Chapter 62, Code of
278	280		Criminal Procedure.
279	281		SECTION 2.05. Section 773.06141(a), Health and Safety Code,
280	282		is amended to read as follows:
281	283		(a) The department may suspend, revoke, or deny an emergency
282	284		medical services provider license on the grounds that the
283	285		provider's administrator of record, employee, or other
284	286		representative:
285	287		(1) has been convicted of, or placed on deferred
286	288		adjudication community supervision or deferred disposition for, an
287	289		offense that directly relates to the duties and responsibilities of
288	290		the administrator, employee, or representative, other than an
289	291		offense described by Section 542.304, Transportation Code;
290	292		(2) has been convicted of or placed on deferred
291	293		adjudication community supervision or deferred disposition for an
292	294		offense, including:
293	295		(A) an offense listed in Article 42A.054(a)(2),
294	296		(3), (4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
295	297		Procedure; or
296	298		(B) an offense, other than an offense described
297	299		by Subdivision (1), for which the person is subject to registration
298	300		under Chapter 62, Code of Criminal Procedure; or
299	301		(3) has been convicted of Medicare or Medicaid fraud,
300	302		has been excluded from participation in the state Medicaid program,
301	303		or has a hold on payment for reimbursement under the state Medicaid
302	304		program under Subchapter C, Chapter 531, Government Code.
303	305		ARTICLE 3. EFFECTIVE DATE
304	306		SECTION 3.01. This Act takes effect September 1, 2021.