Texas 2021 - 87th Regular

Texas House Bill HB375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 375
	1	+	By: Smith, Guillen, Minjarez H.B. No. 375
	2	+	(Senate Sponsor - Zaffirini)
	3	+	(In the Senate - Received from the House April 13, 2021;
	4	+	April 13, 2021, read first time and referred to Committee on
	5	+	Criminal Justice; May 13, 2021, reported favorably by the
	6	+	following vote: Yeas 7, Nays 0; May 13, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the prosecution of the offense of continuous sexual
6	13		abuse of young child or disabled individual; creating a criminal
7	14		offense.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		ARTICLE I. OFFENSE
10	17		SECTION 1.01. The heading to Section 21.02, Penal Code, is
11	18		amended to read as follows:
12	19		Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR
13	20		DISABLED INDIVIDUAL [CHILDREN].
14	21		SECTION 1.02. Sections 21.02(a), (b), (c), and (g), Penal
15	22		Code, are amended to read as follows:
16	23		(a) In this section:
17	24		(1) "Child" [, "child"] has the meaning assigned by
18	25		Section 22.011(c).
19	26		(2) "Disabled individual" has the meaning assigned by
20	27		Section 22.021(b).
21	28		(b) A person commits an offense if:
22	29		(1) during a period that is 30 or more days in
23	30		duration, the person commits two or more acts of sexual abuse,
24	31		regardless of whether the acts of sexual abuse are committed
25	32		against one or more victims; and
26	33		(2) at the time of the commission of each of the acts
27	34		of sexual abuse, the actor is 17 years of age or older and the victim
28	35		is:
29	36		(A) a child younger than 14 years of age,
30	37		regardless of whether the actor knows the age of the victim at the
31	38		time of the offense; or
32	39		(B) a disabled individual.
33	40		(c) For purposes of this section, "act of sexual abuse"
34	41		means any act that is a violation of one or more of the following
35	42		penal laws:
36	43		(1) aggravated kidnapping under Section 20.04(a)(4),
37	44		if the actor committed the offense with the intent to violate or
38	45		abuse the victim sexually;
39	46		(2) indecency with a child under Section 21.11(a)(1),
40	47		if the actor committed the offense in a manner other than by
41	48		touching, including touching through clothing, the breast of a
42	49		child;
43	50		(3) sexual assault under Section 22.011;
44	51		(4) aggravated sexual assault under Section 22.021;
45	52		(5) burglary under Section 30.02, if the offense is
46	53		punishable under Subsection (d) of that section and the actor
47	54		committed the offense with the intent to commit an offense listed in
48	55		Subdivisions (1)-(4);
49	56		(6) sexual performance by a child under Section 43.25;
50	57		(7) trafficking of persons under Section
51	58		20A.02(a)(3), (4), (7), [20A.02(a)(7)] or (8); and
52	59		(8) compelling prostitution under Section 43.05
53	60		[43.05(a)(2)].
54	61		(g) With respect to a prosecution under this section
55	62		involving only one or more victims described by Subsection
56	63		(b)(2)(A), it [It] is an affirmative defense to prosecution under
57	64		this section that the actor:
58	65		(1) was not more than five years older than:
59	66		(A) the victim of the offense, if the offense is
60	67		alleged to have been committed against only one victim; or
61	68		(B) the youngest victim of the offense, if the
62	69		offense is alleged to have been committed against more than one
63	70		victim;
64	71		(2) did not use duress, force, or a threat against a
65	72		victim at the time of the commission of any of the acts of sexual
66	73		abuse alleged as an element of the offense; and
67	74		(3) at the time of the commission of any of the acts of
68	75		sexual abuse alleged as an element of the offense:
69	76		(A) was not required under Chapter 62, Code of
70	77		Criminal Procedure, to register for life as a sex offender; or
71	78		(B) was not a person who under Chapter 62 had a
72	79		reportable conviction or adjudication for an offense under this
73	80		section or an act of sexual abuse as described by Subsection (c).
74	81		ARTICLE II. CONFORMING AMENDMENTS
75	82		SECTION 2.01. Section 16.0045(a), Civil Practice and
76	83		Remedies Code, is amended to read as follows:
77	84		(a) A person must bring suit for personal injury not later
78	85		than 30 years after the day the cause of action accrues if the
79	86		injury arises as a result of conduct that violates:
80	87		(1) Section 22.011(a)(2), Penal Code (sexual assault
81	88		of a child);
82	89		(2) Section 22.021(a)(1)(B), Penal Code (aggravated
83	90		sexual assault of a child);
84	91		(3) Section 21.02, Penal Code (continuous sexual abuse
85	92		of young child or disabled individual [children]);
86	93		(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
87	94		Section 20A.02(a)(8), Penal Code, involving an activity described
88	95		by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
89	96		with a child trafficked in the manner described by Section
90	97		20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
91	98		(5) Section 43.05(a)(2), Penal Code (compelling
92	99		prostitution by a child); or
93	100		(6) Section 21.11, Penal Code (indecency with a
94	101		child).
95	102		SECTION 2.02. Section 33.013(b), Civil Practice and
96	103		Remedies Code, is amended to read as follows:
97	104		(b) Notwithstanding Subsection (a), each liable defendant
98	105		is, in addition to his liability under Subsection (a), jointly and
99	106		severally liable for the damages recoverable by the claimant under
100	107		Section 33.012 with respect to a cause of action if:
101	108		(1) the percentage of responsibility attributed to the
102	109		defendant with respect to a cause of action is greater than 50
103	110		percent; or
104	111		(2) the defendant, with the specific intent to do harm
105	112		to others, acted in concert with another person to engage in the
106	113		conduct described in the following provisions of the Penal Code and
107	114		in so doing proximately caused the damages legally recoverable by
108	115		the claimant:
109	116		(A) Section 19.02 (murder);
110	117		(B) Section 19.03 (capital murder);
111	118		(C) Section 20.04 (aggravated kidnapping);
112	119		(D) Section 22.02 (aggravated assault);
113	120		(E) Section 22.011 (sexual assault);
114	121		(F) Section 22.021 (aggravated sexual assault);
115	122		(G) Section 22.04 (injury to a child, elderly
116	123		individual, or disabled individual);
117	124		(H) Section 32.21 (forgery);
118	125		(I) Section 32.43 (commercial bribery);
119	126		(J) Section 32.45 (misapplication of fiduciary
120	127		property or property of financial institution);
121	128		(K) Section 32.46 (securing execution of
122	129		document by deception);
123	130		(L) Section 32.47 (fraudulent destruction,
124	131		removal, or concealment of writing);
125	132		(M) conduct described in Chapter 31 the
126	133		punishment level for which is a felony of the third degree or
127	134		higher; or
128	135		(N) Section 21.02 (continuous sexual abuse of
129	136		young child or disabled individual [children]).
130	137		SECTION 2.03. Section 41.008(c), Civil Practice and
131	138		Remedies Code, is amended to read as follows:
132	139		(c) This section does not apply to a cause of action against
133	140		a defendant from whom a plaintiff seeks recovery of exemplary
134	141		damages based on conduct described as a felony in the following
135	142		sections of the Penal Code if, except for Sections 49.07 and 49.08,
136	143		the conduct was committed knowingly or intentionally:
137	144		(1) Section 19.02 (murder);
138	145		(2) Section 19.03 (capital murder);
139	146		(3) Section 20.04 (aggravated kidnapping);
140	147		(4) Section 22.02 (aggravated assault);
141	148		(5) Section 22.011 (sexual assault);
142	149		(6) Section 22.021 (aggravated sexual assault);
143	150		(7) Section 22.04 (injury to a child, elderly
144	151		individual, or disabled individual, but not if the conduct occurred
145	152		while providing health care as defined by Section 74.001);
146	153		(8) Section 32.21 (forgery);
147	154		(9) Section 32.43 (commercial bribery);
148	155		(10) Section 32.45 (misapplication of fiduciary
149	156		property or property of financial institution);
150	157		(11) Section 32.46 (securing execution of document by
151	158		deception);
152	159		(12) Section 32.47 (fraudulent destruction, removal,
153	160		or concealment of writing);
154	161		(13) Chapter 31 (theft) the punishment level for which
155	162		is a felony of the third degree or higher;
156	163		(14) Section 49.07 (intoxication assault);
157	164		(15) Section 49.08 (intoxication manslaughter);
158	165		(16) Section 21.02 (continuous sexual abuse of young
159	166		child or disabled individual [children]); or
160	167		(17) Chapter 20A (trafficking of persons).
161	168		SECTION 2.04. Section 61.0021(a), Civil Practice and
162	169		Remedies Code, is amended to read as follows:
163	170		(a) Notwithstanding any other provision of this code,
164	171		attachment is available to a plaintiff who:
165	172		(1) has general grounds for issuance under Sections
166	173		61.001(2) and (3); and
167	174		(2) institutes a suit for personal injury arising as a
168	175		result of conduct that violates:
169	176		(A) Section 22.011(a)(2), Penal Code (sexual
170	177		assault of a child);
171	178		(B) Section 22.021(a)(1)(B), Penal Code
172	179		(aggravated sexual assault of a child);
173	180		(C) Section 21.02, Penal Code (continuous sexual
174	181		abuse of young child or disabled individual [children]); or
175	182		(D) Section 21.11, Penal Code (indecency with a
176	183		child).
177	184		SECTION 2.05. Section 125.0015(a), Civil Practice and
178	185		Remedies Code, is amended to read as follows:
179	186		(a) A person who maintains a place to which persons
180	187		habitually go for the following purposes and who knowingly
181	188		tolerates the activity and furthermore fails to make reasonable
182	189		attempts to abate the activity maintains a common nuisance:
183	190		(1) discharge of a firearm in a public place as
184	191		prohibited by the Penal Code;
185	192		(2) reckless discharge of a firearm as prohibited by
186	193		the Penal Code;
187	194		(3) engaging in organized criminal activity as a
188	195		member of a combination as prohibited by the Penal Code;
189	196		(4) delivery, possession, manufacture, or use of a
190	197		substance or other item in violation of Chapter 481, Health and
191	198		Safety Code;
192	199		(5) gambling, gambling promotion, or communicating
193	200		gambling information as prohibited by the Penal Code;
194	201		(6) prostitution, promotion of prostitution, or
195	202		aggravated promotion of prostitution as prohibited by the Penal
196	203		Code;
197	204		(7) compelling prostitution as prohibited by the Penal
198	205		Code;
199	206		(8) commercial manufacture, commercial distribution,
200	207		or commercial exhibition of obscene material as prohibited by the
201	208		Penal Code;
202	209		(9) aggravated assault as described by Section 22.02,
203	210		Penal Code;
204	211		(10) sexual assault as described by Section 22.011,
205	212		Penal Code;
206	213		(11) aggravated sexual assault as described by Section
207	214		22.021, Penal Code;
208	215		(12) robbery as described by Section 29.02, Penal
209	216		Code;
210	217		(13) aggravated robbery as described by Section 29.03,
211	218		Penal Code;
212	219		(14) unlawfully carrying a weapon as described by
213	220		Section 46.02, Penal Code;
214	221		(15) murder as described by Section 19.02, Penal Code;
215	222		(16) capital murder as described by Section 19.03,
216	223		Penal Code;
217	224		(17) continuous sexual abuse of young child or
218	225		disabled individual [children] as described by Section 21.02, Penal
219	226		Code;
220	227		(18) massage therapy or other massage services in
221	228		violation of Chapter 455, Occupations Code;
222	229		(19) employing a minor at a sexually oriented business
223	230		as defined by Section 243.002, Local Government Code;
224	231		(20) trafficking of persons as described by Section
225	232		20A.02, Penal Code;
226	233		(21) sexual conduct or performance by a child as
227	234		described by Section 43.25, Penal Code;
228	235		(22) employment harmful to a child as described by
229	236		Section 43.251, Penal Code;
230	237		(23) criminal trespass as described by Section 30.05,
231	238		Penal Code;
232	239		(24) disorderly conduct as described by Section 42.01,
233	240		Penal Code;
234	241		(25) arson as described by Section 28.02, Penal Code;
235	242		(26) criminal mischief as described by Section 28.03,
236	243		Penal Code, that causes a pecuniary loss of $500 or more; or
237	244		(27) a graffiti offense in violation of Section 28.08,
238	245		Penal Code.
239	246		SECTION 2.06. Article 2.32(b), Code of Criminal Procedure,
240	247		is amended to read as follows:
241	248		(b) Unless good cause exists that makes electronic
242	249		recording infeasible, a law enforcement agency shall make a
243	250		complete and contemporaneous electronic recording of any custodial
244	251		interrogation that occurs in a place of detention and is of a person
245	252		suspected of committing or charged with the commission of an
246	253		offense under:
247	254		(1) Section 19.02, Penal Code (murder);
248	255		(2) Section 19.03, Penal Code (capital murder);
249	256		(3) Section 20.03, Penal Code (kidnapping);
250	257		(4) Section 20.04, Penal Code (aggravated
251	258		kidnapping);
252	259		(5) Section 20A.02, Penal Code (trafficking of
253	260		persons);
254	261		(6) Section 20A.03, Penal Code (continuous
255	262		trafficking of persons);
256	263		(7) Section 21.02, Penal Code (continuous sexual abuse
257	264		of young child or disabled individual [children]);
258	265		(8) Section 21.11, Penal Code (indecency with a
259	266		child);
260	267		(9) Section 21.12, Penal Code (improper relationship
261	268		between educator and student);
262	269		(10) Section 22.011, Penal Code (sexual assault);
263	270		(11) Section 22.021, Penal Code (aggravated sexual
264	271		assault); or
265	272		(12) Section 43.25, Penal Code (sexual performance by
266	273		a child).
267	274		SECTION 2.07. Article 12.01, Code of Criminal Procedure, is
268	275		amended to read as follows:
269	276		Art. 12.01. FELONIES. Except as provided in Article 12.03,
270	277		felony indictments may be presented within these limits, and not
271	278		afterward:
272	279		(1) no limitation:
273	280		(A) murder and manslaughter;
274	281		(B) sexual assault under Section 22.011(a)(2),
275	282		Penal Code, or aggravated sexual assault under Section
276	283		22.021(a)(1)(B), Penal Code;
277	284		(C) sexual assault, if:
278	285		(i) during the investigation of the offense
279	286		biological matter is collected and the matter:
280	287		(a) has not yet been subjected to
281	288		forensic DNA testing; or
282	289		(b) has been subjected to forensic DNA
283	290		testing and the testing results show that the matter does not match
284	291		the victim or any other person whose identity is readily
285	292		ascertained; or
286	293		(ii) probable cause exists to believe that
287	294		the defendant has committed the same or a similar sex offense
288	295		against five or more victims;
289	296		(D) continuous sexual abuse of young child or
290	297		disabled individual [children] under Section 21.02, Penal Code;
291	298		(E) indecency with a child under Section 21.11,
292	299		Penal Code;
293	300		(F) an offense involving leaving the scene of an
294	301		accident under Section 550.021, Transportation Code, if the
295	302		accident resulted in the death of a person;
296	303		(G) trafficking of persons under Section
297	304		20A.02(a)(7) or (8), Penal Code;
298	305		(H) continuous trafficking of persons under
299	306		Section 20A.03, Penal Code; or
300	307		(I) compelling prostitution under Section
301	308		43.05(a)(2), Penal Code;
302	309		(2) ten years from the date of the commission of the
303	310		offense:
304	311		(A) theft of any estate, real, personal or mixed,
305	312		by an executor, administrator, guardian or trustee, with intent to
306	313		defraud any creditor, heir, legatee, ward, distributee,
307	314		beneficiary or settlor of a trust interested in such estate;
308	315		(B) theft by a public servant of government
309	316		property over which the public servant exercises control in the
310	317		public servant's official capacity;
311	318		(C) forgery or the uttering, using or passing of
312	319		forged instruments;
313	320		(D) injury to an elderly or disabled individual
314	321		punishable as a felony of the first degree under Section 22.04,
315	322		Penal Code;
316	323		(E) sexual assault, except as provided by
317	324		Subdivision (1) or (7);
318	325		(F) arson;
319	326		(G) trafficking of persons under Section
320	327		20A.02(a)(1), (2), (3), or (4), Penal Code; or
321	328		(H) compelling prostitution under Section
322	329		43.05(a)(1), Penal Code;
323	330		(3) seven years from the date of the commission of the
324	331		offense:
325	332		(A) misapplication of fiduciary property or
326	333		property of a financial institution;
327	334		(B) securing execution of document by deception;
328	335		(C) a felony violation under Chapter 162, Tax
329	336		Code;
330	337		(D) false statement to obtain property or credit
331	338		under Section 32.32, Penal Code;
332	339		(E) money laundering;
333	340		(F) credit card or debit card abuse under Section
334	341		32.31, Penal Code;
335	342		(G) fraudulent use or possession of identifying
336	343		information under Section 32.51, Penal Code;
337	344		(H) exploitation of a child, elderly individual,
338	345		or disabled individual under Section 32.53, Penal Code;
339	346		(I) health care fraud under Section 35A.02, Penal
340	347		Code; or
341	348		(J) bigamy under Section 25.01, Penal Code,
342	349		except as provided by Subdivision (6);
343	350		(4) five years from the date of the commission of the
344	351		offense:
345	352		(A) theft or robbery;
346	353		(B) except as provided by Subdivision (5),
347	354		kidnapping or burglary;
348	355		(C) injury to an elderly or disabled individual
349	356		that is not punishable as a felony of the first degree under Section
350	357		22.04, Penal Code;
351	358		(D) abandoning or endangering a child; or
352	359		(E) insurance fraud;
353	360		(5) if the investigation of the offense shows that the
354	361		victim is younger than 17 years of age at the time the offense is
355	362		committed, 20 years from the 18th birthday of the victim of one of
356	363		the following offenses:
357	364		(A) sexual performance by a child under Section
358	365		43.25, Penal Code;
359	366		(B) aggravated kidnapping under Section
360	367		20.04(a)(4), Penal Code, if the defendant committed the offense
361	368		with the intent to violate or abuse the victim sexually; or
362	369		(C) burglary under Section 30.02, Penal Code, if
363	370		the offense is punishable under Subsection (d) of that section and
364	371		the defendant committed the offense with the intent to commit an
365	372		offense described by Subdivision (1)(B) or (D) of this article or
366	373		Paragraph (B) of this subdivision;
367	374		(6) ten years from the 18th birthday of the victim of
368	375		the offense:
369	376		(A) trafficking of persons under Section
370	377		20A.02(a)(5) or (6), Penal Code;
371	378		(B) injury to a child under Section 22.04, Penal
372	379		Code; or
373	380		(C) bigamy under Section 25.01, Penal Code, if
374	381		the investigation of the offense shows that the person, other than
375	382		the legal spouse of the defendant, whom the defendant marries or
376	383		purports to marry or with whom the defendant lives under the
377	384		appearance of being married is younger than 18 years of age at the
378	385		time the offense is committed;
379	386		(7) two years from the date the offense was
380	387		discovered: sexual assault punishable as a state jail felony under
381	388		Section 22.011(f)(2), Penal Code; or
382	389		(8) three years from the date of the commission of the
383	390		offense: all other felonies.
384	391		SECTION 2.08. Article 17.03(b), Code of Criminal Procedure,
385	392		is amended to read as follows:
386	393		(b) Only the court before whom the case is pending may
387	394		release on personal bond a defendant who:
388	395		(1) is charged with an offense under the following
389	396		sections of the Penal Code:
390	397		(A) Section 19.03 (Capital Murder);
391	398		(B) Section 20.04 (Aggravated Kidnapping);
392	399		(C) Section 22.021 (Aggravated Sexual Assault);
393	400		(D) Section 22.03 (Deadly Assault on Law
394	401		Enforcement or Corrections Officer, Member or Employee of Board of
395	402		Pardons and Paroles, or Court Participant);
396	403		(E) Section 22.04 (Injury to a Child, Elderly
397	404		Individual, or Disabled Individual);
398	405		(F) Section 29.03 (Aggravated Robbery);
399	406		(G) Section 30.02 (Burglary);
400	407		(H) Section 71.02 (Engaging in Organized
401	408		Criminal Activity);
402	409		(I) Section 21.02 (Continuous Sexual Abuse of
403	410		Young Child or Disabled Individual [Children]); or
404	411		(J) Section 20A.03 (Continuous Trafficking of
405	412		Persons);
406	413		(2) is charged with a felony under Chapter 481, Health
407	414		and Safety Code, or Section 485.033, Health and Safety Code,
408	415		punishable by imprisonment for a minimum term or by a maximum fine
409	416		that is more than a minimum term or maximum fine for a first degree
410	417		felony; or
411	418		(3) does not submit to testing for the presence of a
412	419		controlled substance in the defendant's body as requested by the
413	420		court or magistrate under Subsection (c) of this article or submits
414	421		to testing and the test shows evidence of the presence of a
415	422		controlled substance in the defendant's body.
416	423		SECTION 2.09. Article 17.032(a), Code of Criminal
417	424		Procedure, is amended to read as follows:
418	425		(a) In this article, "violent offense" means an offense
419	426		under the following sections of the Penal Code:
420	427		(1) Section 19.02 (murder);
421	428		(2) Section 19.03 (capital murder);
422	429		(3) Section 20.03 (kidnapping);
423	430		(4) Section 20.04 (aggravated kidnapping);
424	431		(5) Section 21.11 (indecency with a child);
425	432		(6) Section 22.01(a)(1) (assault), if the offense
426	433		involved family violence as defined by Section 71.004, Family Code;
427	434		(7) Section 22.011 (sexual assault);
428	435		(8) Section 22.02 (aggravated assault);
429	436		(9) Section 22.021 (aggravated sexual assault);
430	437		(10) Section 22.04 (injury to a child, elderly
431	438		individual, or disabled individual);
432	439		(11) Section 29.03 (aggravated robbery);
433	440		(12) Section 21.02 (continuous sexual abuse of young
434	441		child or disabled individual [children]); or
435	442		(13) Section 20A.03 (continuous trafficking of
436	443		persons).
437	444		SECTION 2.10. Article 18.021(a), Code of Criminal
438	445		Procedure, is amended to read as follows:
439	446		(a) A search warrant may be issued to search for and
440	447		photograph a child who is alleged to be the victim of the offenses
441	448		of injury to a child as prohibited by Section 22.04, Penal Code;
442	449		sexual assault of a child as prohibited by Section 22.011(a), Penal
443	450		Code; aggravated sexual assault of a child as prohibited by Section
444	451		22.021, Penal Code; or continuous sexual abuse of young child or
445	452		disabled individual [children] as prohibited by Section 21.02,
446	453		Penal Code.
447	454		SECTION 2.11. Section 1, Article 38.071, Code of Criminal
448	455		Procedure, is amended to read as follows:
449	456		Sec. 1. This article applies only to a hearing or proceeding
450	457		in which the court determines that a child younger than 13 years of
451	458		age would be unavailable to testify in the presence of the defendant
452	459		about an offense defined by any of the following sections of the
453	460		Penal Code:
454	461		(1) Section 19.02 (Murder);
455	462		(2) Section 19.03 (Capital Murder);
456	463		(3) Section 19.04 (Manslaughter);
457	464		(4) Section 20.04 (Aggravated Kidnapping);
458	465		(5) Section 21.11 (Indecency with a Child);
459	466		(6) Section 22.011 (Sexual Assault);
460	467		(7) Section 22.02 (Aggravated Assault);
461	468		(8) Section 22.021 (Aggravated Sexual Assault);
462	469		(9) Section 22.04(e) (Injury to a Child, Elderly
463	470		Individual, or Disabled Individual);
464	471		(10) Section 22.04(f) (Injury to a Child, Elderly
465	472		Individual, or Disabled Individual), if the conduct is committed
466	473		intentionally or knowingly;
467	474		(11) Section 25.02 (Prohibited Sexual Conduct);
468	475		(12) Section 29.03 (Aggravated Robbery);
469	476		(13) Section 43.25 (Sexual Performance by a Child);
470	477		(14) Section 21.02 (Continuous Sexual Abuse of Young
471	478		Child or Disabled Individual [Children]);
472	479		(15) Section 43.05(a)(2) (Compelling Prostitution);
473	480		or
474	481		(16) Section 20A.02(a)(7) or (8) (Trafficking of
475	482		Persons).
476	483		SECTION 2.12. Section 2(a), Article 38.37, Code of Criminal
477	484		Procedure, is amended to read as follows:
478	485		(a) Subsection (b) applies only to the trial of a defendant
479	486		for:
480	487		(1) an offense under any of the following provisions
481	488		of the Penal Code:
482	489		(A) Section 20A.02, if punishable as a felony of
483	490		the first degree under Section 20A.02(b)(1) (Sex Trafficking of a
484	491		Child);
485	492		(B) Section 21.02 (Continuous Sexual Abuse of
486	493		Young Child or Disabled Individual [Children]);
487	494		(C) Section 21.11 (Indecency With a Child);
488	495		(D) Section 22.011(a)(2) (Sexual Assault of a
489	496		Child);
490	497		(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
491	498		Sexual Assault of a Child);
492	499		(F) Section 33.021 (Online Solicitation of a
493	500		Minor);
494	501		(G) Section 43.25 (Sexual Performance by a
495	502		Child); or
496	503		(H) Section 43.26 (Possession or Promotion of
497	504		Child Pornography), Penal Code; or
498	505		(2) an attempt or conspiracy to commit an offense
499	506		described by Subdivision (1).
500	507		SECTION 2.13. Articles 62.001(5) and (6), Code of Criminal
501	508		Procedure, are amended to read as follows:
502	509		(5) "Reportable conviction or adjudication" means a
503	510		conviction or adjudication, including an adjudication of
504	511		delinquent conduct or a deferred adjudication, that, regardless of
505	512		the pendency of an appeal, is a conviction for or an adjudication
506	513		for or based on:
507	514		(A) a violation of Section 21.02 (Continuous
508	515		sexual abuse of young child or disabled individual [children]),
509	516		21.09 (Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual
510	517		assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited
511	518		sexual conduct), Penal Code;
512	519		(B) a violation of Section 43.04 (Aggravated
513	520		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
514	521		(Sexual performance by a child), or 43.26 (Possession or promotion
515	522		of child pornography), Penal Code;
516	523		(B-1) a violation of Section 43.02
517	524		(Prostitution), Penal Code, if the offense is punishable under
518	525		Subsection (c-1)(2) of that section;
519	526		(C) a violation of Section 20.04(a)(4)
520	527		(Aggravated kidnapping), Penal Code, if the actor committed the
521	528		offense or engaged in the conduct with intent to violate or abuse
522	529		the victim sexually;
523	530		(D) a violation of Section 30.02 (Burglary),
524	531		Penal Code, if the offense or conduct is punishable under
525	532		Subsection (d) of that section and the actor committed the offense
526	533		or engaged in the conduct with intent to commit a felony listed in
527	534		Paragraph (A) or (C);
528	535		(E) a violation of Section 20.02 (Unlawful
529	536		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
530	537		Penal Code, if, as applicable:
531	538		(i) the judgment in the case contains an
532	539		affirmative finding under Article 42.015; or
533	540		(ii) the order in the hearing or the papers
534	541		in the case contain an affirmative finding that the victim or
535	542		intended victim was younger than 17 years of age;
536	543		(F) the second violation of Section 21.08
537	544		(Indecent exposure), Penal Code, but not if the second violation
538	545		results in a deferred adjudication;
539	546		(G) an attempt, conspiracy, or solicitation, as
540	547		defined by Chapter 15, Penal Code, to commit an offense or engage in
541	548		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
542	549		(H) a violation of the laws of another state,
543	550		federal law, the laws of a foreign country, or the Uniform Code of
544	551		Military Justice for or based on the violation of an offense
545	552		containing elements that are substantially similar to the elements
546	553		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
547	554		(G), (J), (K), or (L), but not if the violation results in a
548	555		deferred adjudication;
549	556		(I) the second violation of the laws of another
550	557		state, federal law, the laws of a foreign country, or the Uniform
551	558		Code of Military Justice for or based on the violation of an offense
552	559		containing elements that are substantially similar to the elements
553	560		of the offense of indecent exposure, but not if the second violation
554	561		results in a deferred adjudication;
555	562		(J) a violation of Section 33.021 (Online
556	563		solicitation of a minor), Penal Code;
557	564		(K) a violation of Section 20A.02(a)(3), (4),
558	565		(7), or (8) (Trafficking of persons), Penal Code; or
559	566		(L) a violation of Section 20A.03 (Continuous
560	567		trafficking of persons), Penal Code, if the offense is based partly
561	568		or wholly on conduct that constitutes an offense under Section
562	569		20A.02(a)(3), (4), (7), or (8) of that code.
563	570		(6) "Sexually violent offense" means any of the
564	571		following offenses committed by a person 17 years of age or older:
565	572		(A) an offense under Section 21.02 (Continuous
566	573		sexual abuse of young child or disabled individual [children]),
567	574		21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or
568	575		22.021 (Aggravated sexual assault), Penal Code;
569	576		(B) an offense under Section 43.25 (Sexual
570	577		performance by a child), Penal Code;
571	578		(C) an offense under Section 20.04(a)(4)
572	579		(Aggravated kidnapping), Penal Code, if the defendant committed the
573	580		offense with intent to violate or abuse the victim sexually;
574	581		(D) an offense under Section 30.02 (Burglary),
575	582		Penal Code, if the offense is punishable under Subsection (d) of
576	583		that section and the defendant committed the offense with intent to
577	584		commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
578	585		or
579	586		(E) an offense under the laws of another state,
580	587		federal law, the laws of a foreign country, or the Uniform Code of
581	588		Military Justice if the offense contains elements that are
582	589		substantially similar to the elements of an offense listed under
583	590		Paragraph (A), (B), (C), or (D).
584	591		SECTION 2.14. Article 66.102(h), Code of Criminal
585	592		Procedure, is amended to read as follows:
586	593		(h) In addition to the information described by this
587	594		article, information in the computerized criminal history system
588	595		must include the age of the victim of the offense if the offender
589	596		was arrested for or charged with an offense under the following
590	597		provisions of the Penal Code:
591	598		(1) Section 20.04(a)(4) (Aggravated Kidnapping), if
592	599		the offender committed the offense with the intent to violate or
593	600		abuse the victim sexually;
594	601		(2) Section 20A.02 (Trafficking of Persons), if the
595	602		offender:
596	603		(A) trafficked a person with the intent or
597	604		knowledge that the person would engage in sexual conduct, as
598	605		defined by Section 43.25, Penal Code; or
599	606		(B) benefited from participating in a venture
600	607		that involved a trafficked person engaging in sexual conduct, as
601	608		defined by Section 43.25, Penal Code;
602	609		(3) Section 21.02 (Continuous Sexual Abuse of Young
603	610		Child or Disabled Individual [Children]);
604	611		(4) Section 21.11 (Indecency with a Child);
605	612		(5) Section 22.011 (Sexual Assault) or 22.021
606	613		(Aggravated Sexual Assault);
607	614		(6) Section 30.02 (Burglary), if the offense is
608	615		punishable under Subsection (d) of that section and the offender
609	616		committed the offense with the intent to commit an offense
610	617		described by Subdivision (1), (4), or (5);
611	618		(7) Section 43.05(a)(2) (Compelling Prostitution); or
612	619		(8) Section 43.25 (Sexual Performance by a Child).
613	620		SECTION 2.15. Section 25.0341(a), Education Code, is
614	621		amended to read as follows:
615	622		(a) This section applies only to:
616	623		(1) a student:
617	624		(A) who has been convicted of continuous sexual
618	625		abuse of young child or disabled individual [children] under
619	626		Section 21.02, Penal Code, or convicted of or placed on deferred
620	627		adjudication for the offense of sexual assault under Section
621	628		22.011, Penal Code, or aggravated sexual assault under Section
622	629		22.021, Penal Code, committed against another student who, at the
623	630		time the offense occurred, was assigned to the same campus as the
624	631		student convicted or placed on deferred adjudication;
625	632		(B) who has been adjudicated under Section 54.03,
626	633		Family Code, as having engaged in conduct described by Paragraph
627	634		(A);
628	635		(C) whose prosecution under Section 53.03,
629	636		Family Code, for engaging in conduct described by Paragraph (A) has
630	637		been deferred; or
631	638		(D) who has been placed on probation under
632	639		Section 54.04(d)(1), Family Code, for engaging in conduct described
633	640		by Paragraph (A); and
634	641		(2) a student who is the victim of conduct described by
635	642		Subdivision (1)(A).
636	643		SECTION 2.16. Section 37.007(a), Education Code, is amended
637	644		to read as follows:
638	645		(a) Except as provided by Subsection (k), a student shall be
639	646		expelled from a school if the student, on school property or while
640	647		attending a school-sponsored or school-related activity on or off
641	648		of school property:
642	649		(1) engages in conduct that contains the elements of
643	650		the offense of unlawfully carrying weapons under Section 46.02,
644	651		Penal Code, or elements of an offense relating to prohibited
645	652		weapons under Section 46.05, Penal Code;
646	653		(2) engages in conduct that contains the elements of
647	654		the offense of:
648	655		(A) aggravated assault under Section 22.02,
649	656		Penal Code, sexual assault under Section 22.011, Penal Code, or
650	657		aggravated sexual assault under Section 22.021, Penal Code;
651	658		(B) arson under Section 28.02, Penal Code;
652	659		(C) murder under Section 19.02, Penal Code,
653	660		capital murder under Section 19.03, Penal Code, or criminal
654	661		attempt, under Section 15.01, Penal Code, to commit murder or
655	662		capital murder;
656	663		(D) indecency with a child under Section 21.11,
657	664		Penal Code;
658	665		(E) aggravated kidnapping under Section 20.04,
659	666		Penal Code;
660	667		(F) aggravated robbery under Section 29.03,
661	668		Penal Code;
662	669		(G) manslaughter under Section 19.04, Penal
663	670		Code;
664	671		(H) criminally negligent homicide under Section
665	672		19.05, Penal Code; or
666	673		(I) continuous sexual abuse of young child or
667	674		disabled individual [children] under Section 21.02, Penal Code; or
668	675		(3) engages in conduct specified by Section
669	676		37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
670	677		SECTION 2.17. Section 161.001(b), Family Code, is amended
671	678		to read as follows:
672	679		(b) The court may order termination of the parent-child
673	680		relationship if the court finds by clear and convincing evidence:
674	681		(1) that the parent has:
675	682		(A) voluntarily left the child alone or in the
676	683		possession of another not the parent and expressed an intent not to
677	684		return;
678	685		(B) voluntarily left the child alone or in the
679	686		possession of another not the parent without expressing an intent
680	687		to return, without providing for the adequate support of the child,
681	688		and remained away for a period of at least three months;
682	689		(C) voluntarily left the child alone or in the
683	690		possession of another without providing adequate support of the
684	691		child and remained away for a period of at least six months;
685	692		(D) knowingly placed or knowingly allowed the
686	693		child to remain in conditions or surroundings which endanger the
687	694		physical or emotional well-being of the child;
688	695		(E) engaged in conduct or knowingly placed the
689	696		child with persons who engaged in conduct which endangers the
690	697		physical or emotional well-being of the child;
691	698		(F) failed to support the child in accordance
692	699		with the parent's ability during a period of one year ending within
693	700		six months of the date of the filing of the petition;
694	701		(G) abandoned the child without identifying the
695	702		child or furnishing means of identification, and the child's
696	703		identity cannot be ascertained by the exercise of reasonable
697	704		diligence;
698	705		(H) voluntarily, and with knowledge of the
699	706		pregnancy, abandoned the mother of the child beginning at a time
700	707		during her pregnancy with the child and continuing through the
701	708		birth, failed to provide adequate support or medical care for the
702	709		mother during the period of abandonment before the birth of the
703	710		child, and remained apart from the child or failed to support the
704	711		child since the birth;
705	712		(I) contumaciously refused to submit to a
706	713		reasonable and lawful order of a court under Subchapter D, Chapter
707	714		261;
708	715		(J) been the major cause of:
709	716		(i) the failure of the child to be enrolled
710	717		in school as required by the Education Code; or
711	718		(ii) the child's absence from the child's
712	719		home without the consent of the parents or guardian for a
713	720		substantial length of time or without the intent to return;
714	721		(K) executed before or after the suit is filed an
715	722		unrevoked or irrevocable affidavit of relinquishment of parental
716	723		rights as provided by this chapter;
717	724		(L) been convicted or has been placed on
718	725		community supervision, including deferred adjudication community
719	726		supervision, for being criminally responsible for the death or
720	727		serious injury of a child under the following sections of the Penal
721	728		Code, or under a law of another jurisdiction that contains elements
722	729		that are substantially similar to the elements of an offense under
723	730		one of the following Penal Code sections, or adjudicated under
724	731		Title 3 for conduct that caused the death or serious injury of a
725	732		child and that would constitute a violation of one of the following
726	733		Penal Code sections:
727	734		(i) Section 19.02 (murder);
728	735		(ii) Section 19.03 (capital murder);
729	736		(iii) Section 19.04 (manslaughter);
730	737		(iv) Section 21.11 (indecency with a
731	738		child);
732	739		(v) Section 22.01 (assault);
733	740		(vi) Section 22.011 (sexual assault);
734	741		(vii) Section 22.02 (aggravated assault);
735	742		(viii) Section 22.021 (aggravated sexual
736	743		assault);
737	744		(ix) Section 22.04 (injury to a child,
738	745		elderly individual, or disabled individual);
739	746		(x) Section 22.041 (abandoning or
740	747		endangering child);
741	748		(xi) Section 25.02 (prohibited sexual
742	749		conduct);
743	750		(xii) Section 43.25 (sexual performance by
744	751		a child);
745	752		(xiii) Section 43.26 (possession or
746	753		promotion of child pornography);
747	754		(xiv) Section 21.02 (continuous sexual
748	755		abuse of young child or disabled individual [children]);
749	756		(xv) Section 20A.02(a)(7) or (8)
750	757		(trafficking of persons); and
751	758		(xvi) Section 43.05(a)(2) (compelling
752	759		prostitution);
753	760		(M) had his or her parent-child relationship
754	761		terminated with respect to another child based on a finding that the
755	762		parent's conduct was in violation of Paragraph (D) or (E) or
756	763		substantially equivalent provisions of the law of another state;
757	764		(N) constructively abandoned the child who has
758	765		been in the permanent or temporary managing conservatorship of the
759	766		Department of Family and Protective Services for not less than six
760	767		months, and:
761	768		(i) the department has made reasonable
762	769		efforts to return the child to the parent;
763	770		(ii) the parent has not regularly visited
764	771		or maintained significant contact with the child; and
765	772		(iii) the parent has demonstrated an
766	773		inability to provide the child with a safe environment;
767	774		(O) failed to comply with the provisions of a
768	775		court order that specifically established the actions necessary for
769	776		the parent to obtain the return of the child who has been in the
770	777		permanent or temporary managing conservatorship of the Department
771	778		of Family and Protective Services for not less than nine months as a
772	779		result of the child's removal from the parent under Chapter 262 for
773	780		the abuse or neglect of the child;
774	781		(P) used a controlled substance, as defined by
775	782		Chapter 481, Health and Safety Code, in a manner that endangered the
776	783		health or safety of the child, and:
777	784		(i) failed to complete a court-ordered
778	785		substance abuse treatment program; or
779	786		(ii) after completion of a court-ordered
780	787		substance abuse treatment program, continued to abuse a controlled
781	788		substance;
782	789		(Q) knowingly engaged in criminal conduct that
783	790		has resulted in the parent's:
784	791		(i) conviction of an offense; and
785	792		(ii) confinement or imprisonment and
786	793		inability to care for the child for not less than two years from the
787	794		date of filing the petition;
788	795		(R) been the cause of the child being born
789	796		addicted to alcohol or a controlled substance, other than a
790	797		controlled substance legally obtained by prescription;
791	798		(S) voluntarily delivered the child to a
792	799		designated emergency infant care provider under Section 262.302
793	800		without expressing an intent to return for the child;
794	801		(T) been convicted of:
795	802		(i) the murder of the other parent of the
796	803		child under Section 19.02 or 19.03, Penal Code, or under a law of
797	804		another state, federal law, the law of a foreign country, or the
798	805		Uniform Code of Military Justice that contains elements that are
799	806		substantially similar to the elements of an offense under Section
800	807		19.02 or 19.03, Penal Code;
801	808		(ii) criminal attempt under Section 15.01,
802	809		Penal Code, or under a law of another state, federal law, the law of
803	810		a foreign country, or the Uniform Code of Military Justice that
804	811		contains elements that are substantially similar to the elements of
805	812		an offense under Section 15.01, Penal Code, to commit the offense
806	813		described by Subparagraph (i);
807	814		(iii) criminal solicitation under Section
808	815		15.03, Penal Code, or under a law of another state, federal law, the
809	816		law of a foreign country, or the Uniform Code of Military Justice
810	817		that contains elements that are substantially similar to the
811	818		elements of an offense under Section 15.03, Penal Code, of the
812	819		offense described by Subparagraph (i); or
813	820		(iv) the sexual assault of the other parent
814	821		of the child under Section 22.011 or 22.021, Penal Code, or under a
815	822		law of another state, federal law, or the Uniform Code of Military
816	823		Justice that contains elements that are substantially similar to
817	824		the elements of an offense under Section 22.011 or 22.021, Penal
818	825		Code; or
819	826		(U) been placed on community supervision,
820	827		including deferred adjudication community supervision, or another
821	828		functionally equivalent form of community supervision or
822	829		probation, for being criminally responsible for the sexual assault
823	830		of the other parent of the child under Section 22.011 or 22.021,
824	831		Penal Code, or under a law of another state, federal law, or the
825	832		Uniform Code of Military Justice that contains elements that are
826	833		substantially similar to the elements of an offense under Section
827	834		22.011 or 22.021, Penal Code; and
828	835		(2) that termination is in the best interest of the
829	836		child.
830	837		SECTION 2.18. Section 261.001(1), Family Code, is amended
831	838		to read as follows:
832	839		(1) "Abuse" includes the following acts or omissions
833	840		by a person:
834	841		(A) mental or emotional injury to a child that
835	842		results in an observable and material impairment in the child's
836	843		growth, development, or psychological functioning;
837	844		(B) causing or permitting the child to be in a
838	845		situation in which the child sustains a mental or emotional injury
839	846		that results in an observable and material impairment in the
840	847		child's growth, development, or psychological functioning;
841	848		(C) physical injury that results in substantial
842	849		harm to the child, or the genuine threat of substantial harm from
843	850		physical injury to the child, including an injury that is at
844	851		variance with the history or explanation given and excluding an
845	852		accident or reasonable discipline by a parent, guardian, or
846	853		managing or possessory conservator that does not expose the child
847	854		to a substantial risk of harm;
848	855		(D) failure to make a reasonable effort to
849	856		prevent an action by another person that results in physical injury
850	857		that results in substantial harm to the child;
851	858		(E) sexual conduct harmful to a child's mental,
852	859		emotional, or physical welfare, including conduct that constitutes
853	860		the offense of continuous sexual abuse of young child or disabled
854	861		individual [children] under Section 21.02, Penal Code, indecency
855	862		with a child under Section 21.11, Penal Code, sexual assault under
856	863		Section 22.011, Penal Code, or aggravated sexual assault under
857	864		Section 22.021, Penal Code;
858	865		(F) failure to make a reasonable effort to
859	866		prevent sexual conduct harmful to a child;
860	867		(G) compelling or encouraging the child to engage
861	868		in sexual conduct as defined by Section 43.01, Penal Code,
862	869		including compelling or encouraging the child in a manner that
863	870		constitutes an offense of trafficking of persons under Section
864	871		20A.02(a)(7) or (8), Penal Code, prostitution under Section
865	872		43.02(b), Penal Code, or compelling prostitution under Section
866	873		43.05(a)(2), Penal Code;
867	874		(H) causing, permitting, encouraging, engaging
868	875		in, or allowing the photographing, filming, or depicting of the
869	876		child if the person knew or should have known that the resulting
870	877		photograph, film, or depiction of the child is obscene as defined by
871	878		Section 43.21, Penal Code, or pornographic;
872	879		(I) the current use by a person of a controlled
873	880		substance as defined by Chapter 481, Health and Safety Code, in a
874	881		manner or to the extent that the use results in physical, mental, or
875	882		emotional injury to a child;
876	883		(J) causing, expressly permitting, or
877	884		encouraging a child to use a controlled substance as defined by
878	885		Chapter 481, Health and Safety Code;
879	886		(K) causing, permitting, encouraging, engaging
880	887		in, or allowing a sexual performance by a child as defined by
881	888		Section 43.25, Penal Code;
882	889		(L) knowingly causing, permitting, encouraging,
883	890		engaging in, or allowing a child to be trafficked in a manner
884	891		punishable as an offense under Section 20A.02(a)(5), (6), (7), or
885	892		(8), Penal Code, or the failure to make a reasonable effort to
886	893		prevent a child from being trafficked in a manner punishable as an
887	894		offense under any of those sections; or
888	895		(M) forcing or coercing a child to enter into a
889	896		marriage.
890	897		SECTION 2.19. Section 262.2015(b), Family Code, is amended
891	898		to read as follows:
892	899		(b) The court may find under Subsection (a) that a parent
893	900		has subjected the child to aggravated circumstances if:
894	901		(1) the parent abandoned the child without
895	902		identification or a means for identifying the child;
896	903		(2) the child or another child of the parent is a
897	904		victim of serious bodily injury or sexual abuse inflicted by the
898	905		parent or by another person with the parent's consent;
899	906		(3) the parent has engaged in conduct against the
900	907		child or another child of the parent that would constitute an
901	908		offense under the following provisions of the Penal Code:
902	909		(A) Section 19.02 (murder);
903	910		(B) Section 19.03 (capital murder);
904	911		(C) Section 19.04 (manslaughter);
905	912		(D) Section 21.11 (indecency with a child);
906	913		(E) Section 22.011 (sexual assault);
907	914		(F) Section 22.02 (aggravated assault);
908	915		(G) Section 22.021 (aggravated sexual assault);
909	916		(H) Section 22.04 (injury to a child, elderly
910	917		individual, or disabled individual);
911	918		(I) Section 22.041 (abandoning or endangering
912	919		child);
913	920		(J) Section 25.02 (prohibited sexual conduct);
914	921		(K) Section 43.25 (sexual performance by a
915	922		child);
916	923		(L) Section 43.26 (possession or promotion of
917	924		child pornography);
918	925		(M) Section 21.02 (continuous sexual abuse of
919	926		young child or disabled individual [children]);
920	927		(N) Section 43.05(a)(2) (compelling
921	928		prostitution); or
922	929		(O) Section 20A.02(a)(7) or (8) (trafficking of
923	930		persons);
924	931		(4) the parent voluntarily left the child alone or in
925	932		the possession of another person not the parent of the child for at
926	933		least six months without expressing an intent to return and without
927	934		providing adequate support for the child;
928	935		(5) the parent's parental rights with regard to
929	936		another child have been involuntarily terminated based on a finding
930	937		that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
931	938		or a substantially equivalent provision of another state's law;
932	939		(6) the parent has been convicted for:
933	940		(A) the murder of another child of the parent and
934	941		the offense would have been an offense under 18 U.S.C. Section
935	942		1111(a) if the offense had occurred in the special maritime or
936	943		territorial jurisdiction of the United States;
937	944		(B) the voluntary manslaughter of another child
938	945		of the parent and the offense would have been an offense under 18
939	946		U.S.C. Section 1112(a) if the offense had occurred in the special
940	947		maritime or territorial jurisdiction of the United States;
941	948		(C) aiding or abetting, attempting, conspiring,
942	949		or soliciting an offense under Paragraph (A) or (B); or
943	950		(D) the felony assault of the child or another
944	951		child of the parent that resulted in serious bodily injury to the
945	952		child or another child of the parent;
946	953		(7) the parent's parental rights with regard to
947	954		another child of the parent have been involuntarily terminated; or
948	955		(8) the parent is required under any state or federal
949	956		law to register with a sex offender registry.
950	957		SECTION 2.20. Section 499.027(b), Government Code, is
951	958		amended to read as follows:
952	959		(b) An inmate is not eligible under this subchapter to be
953	960		considered for release to intensive supervision parole if:
954	961		(1) the inmate is awaiting transfer to the
955	962		institutional division, or serving a sentence, for an offense for
956	963		which the judgment contains an affirmative finding under Article
957	964		42A.054(c) or (d), Code of Criminal Procedure;
958	965		(2) the inmate is awaiting transfer to the
959	966		institutional division, or serving a sentence, for an offense
960	967		listed in one of the following sections of the Penal Code:
961	968		(A) Section 19.02 (murder);
962	969		(B) Section 19.03 (capital murder);
963	970		(C) Section 19.04 (manslaughter);
964	971		(D) Section 20.03 (kidnapping);
965	972		(E) Section 20.04 (aggravated kidnapping);
966	973		(F) Section 21.11 (indecency with a child);
967	974		(G) Section 22.011 (sexual assault);
968	975		(H) Section 22.02 (aggravated assault);
969	976		(I) Section 22.021 (aggravated sexual assault);
970	977		(J) Section 22.04 (injury to a child, elderly
971	978		individual, or disabled individual);
972	979		(K) Section 25.02 (prohibited sexual conduct);
973	980		(L) Section 25.08 (sale or purchase of a child);
974	981		(M) Section 28.02 (arson);
975	982		(N) Section 29.02 (robbery);
976	983		(O) Section 29.03 (aggravated robbery);
977	984		(P) Section 30.02 (burglary), if the offense is
978	985		punished as a first-degree felony under that section;
979	986		(Q) Section 43.04 (aggravated promotion of
980	987		prostitution);
981	988		(R) Section 43.05 (compelling prostitution);
982	989		(S) Section 43.24 (sale, distribution, or
983	990		display of harmful material to minor);
984	991		(T) Section 43.25 (sexual performance by a
985	992		child);
986	993		(U) Section 46.10 (deadly weapon in penal
987	994		institution);
988	995		(V) Section 15.01 (criminal attempt), if the
989	996		offense attempted is listed in this subsection;
990	997		(W) Section 15.02 (criminal conspiracy), if the
991	998		offense that is the subject of the conspiracy is listed in this
992	999		subsection;
993	1000		(X) Section 15.03 (criminal solicitation), if
994	1001		the offense solicited is listed in this subsection;
995	1002		(Y) Section 21.02 (continuous sexual abuse of
996	1003		young child or disabled individual [children]);
997	1004		(Z) Section 20A.02 (trafficking of persons);
998	1005		(AA) Section 20A.03 (continuous trafficking of
999	1006		persons); or
1000	1007		(BB) Section 43.041 (aggravated online promotion
1001	1008		of prostitution); or
1002	1009		(3) the inmate is awaiting transfer to the
1003	1010		institutional division, or serving a sentence, for an offense under
1004	1011		Chapter 481, Health and Safety Code, punishable by a minimum term of
1005	1012		imprisonment or a maximum fine that is greater than the minimum term
1006	1013		of imprisonment or the maximum fine for a first degree felony.
1007	1014		SECTION 2.21. Section 824.009(a), Government Code, is
1008	1015		amended to read as follows:
1009	1016		(a) In this section, "qualifying felony" means an offense
1010	1017		that is punishable as a felony under the following sections of the
1011	1018		Penal Code:
1012	1019		(1) Section 21.02 (continuous sexual abuse of young
1013	1020		child or disabled individual [children]);
1014	1021		(2) Section 21.12 (improper relationship between
1015	1022		educator and student); or
1016	1023		(3) Section 22.011 (sexual assault) or Section 22.021
1017	1024		(aggravated sexual assault).
1018	1025		SECTION 2.22. Section 250.006(a), Health and Safety Code,
1019	1026		is amended to read as follows:
1020	1027		(a) A person for whom the facility or the individual
1021	1028		employer is entitled to obtain criminal history record information
1022	1029		may not be employed in a facility or by an individual employer if
1023	1030		the person has been convicted of an offense listed in this
1024	1031		subsection:
1025	1032		(1) an offense under Chapter 19, Penal Code (criminal
1026	1033		homicide);
1027	1034		(2) an offense under Chapter 20, Penal Code
1028	1035		(kidnapping, unlawful restraint, and smuggling of persons);
1029	1036		(3) an offense under Section 21.02, Penal Code
1030	1037		(continuous sexual abuse of young child or disabled individual
1031	1038		[children]), or Section 21.11, Penal Code (indecency with a child);
1032	1039		(4) an offense under Section 22.011, Penal Code
1033	1040		(sexual assault);
1034	1041		(5) an offense under Section 22.02, Penal Code
1035	1042		(aggravated assault);
1036	1043		(6) an offense under Section 22.04, Penal Code (injury
1037	1044		to a child, elderly individual, or disabled individual);
1038	1045		(7) an offense under Section 22.041, Penal Code
1039	1046		(abandoning or endangering child);
1040	1047		(8) an offense under Section 22.08, Penal Code (aiding
1041	1048		suicide);
1042	1049		(9) an offense under Section 25.031, Penal Code
1043	1050		(agreement to abduct from custody);
1044	1051		(10) an offense under Section 25.08, Penal Code (sale
1045	1052		or purchase of child);
1046	1053		(11) an offense under Section 28.02, Penal Code
1047	1054		(arson);
1048	1055		(12) an offense under Section 29.02, Penal Code
1049	1056		(robbery);
1050	1057		(13) an offense under Section 29.03, Penal Code
1051	1058		(aggravated robbery);
1052	1059		(14) an offense under Section 21.08, Penal Code
1053	1060		(indecent exposure);
1054	1061		(15) an offense under Section 21.12, Penal Code
1055	1062		(improper relationship between educator and student);
1056	1063		(16) an offense under Section 21.15, Penal Code
1057	1064		(invasive visual recording);
1058	1065		(17) an offense under Section 22.05, Penal Code
1059	1066		(deadly conduct);
1060	1067		(18) an offense under Section 22.021, Penal Code
1061	1068		(aggravated sexual assault);
1062	1069		(19) an offense under Section 22.07, Penal Code
1063	1070		(terroristic threat);
1064	1071		(20) an offense under Section 32.53, Penal Code
1065	1072		(exploitation of child, elderly individual, or disabled
1066	1073		individual);
1067	1074		(21) an offense under Section 33.021, Penal Code
1068	1075		(online solicitation of a minor);
1069	1076		(22) an offense under Section 34.02, Penal Code (money
1070	1077		laundering);
1071	1078		(23) an offense under Section 35A.02, Penal Code
1072	1079		(health care fraud);
1073	1080		(24) an offense under Section 36.06, Penal Code
1074	1081		(obstruction or retaliation);
1075	1082		(25) an offense under Section 42.09, Penal Code
1076	1083		(cruelty to livestock animals), or under Section 42.092, Penal Code
1077	1084		(cruelty to nonlivestock animals); or
1078	1085		(26) a conviction under the laws of another state,
1079	1086		federal law, or the Uniform Code of Military Justice for an offense
1080	1087		containing elements that are substantially similar to the elements
1081	1088		of an offense listed by this subsection.
1082	1089		SECTION 2.23. Section 164.0595(a), Occupations Code, is
1083	1090		amended to read as follows:
1084	1091		(a) A disciplinary panel appointed under Section 164.059
1085	1092		may suspend or restrict the license of a person arrested for an
1086	1093		offense under:
1087	1094		(1) Section 22.011(a)(2), Penal Code (sexual assault
1088	1095		of a child);
1089	1096		(2) Section 22.021(a)(1)(B), Penal Code (aggravated
1090	1097		sexual assault of a child);
1091	1098		(3) Section 21.02, Penal Code (continuous sexual abuse
1092	1099		of [a] young child or disabled individual [children]); or
1093	1100		(4) Section 21.11, Penal Code (indecency with a
1094	1101		child).
1095	1102		SECTION 2.24. Section 164.102(b), Occupations Code, is
1096	1103		amended to read as follows:
1097	1104		(b) Except on an express determination, based on
1098	1105		substantial evidence, that granting probation is in the best
1099	1106		interests of the public and of the person whose license has been
1100	1107		suspended, revoked, or canceled, the board may not grant probation
1101	1108		to a person whose license has been canceled, revoked, or suspended
1102	1109		because of a felony conviction under:
1103	1110		(1) Chapter 481 or 483, Health and Safety Code;
1104	1111		(2) Section 485.033, Health and Safety Code;
1105	1112		(3) the Comprehensive Drug Abuse Prevention and
1106	1113		Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
1107	1114		(4) any of the following sections of the Penal Code:
1108	1115		(A) Section 22.011(a)(2) (sexual assault of a
1109	1116		child);
1110	1117		(B) Section 22.021(a)(1)(B) (aggravated sexual
1111	1118		assault of a child);
1112	1119		(C) Section 21.02 (continuous sexual abuse of [a]
1113	1120		young child or disabled individual [children]); or
1114	1121		(D) Section 21.11 (indecency with a child).
1115	1122		SECTION 2.25. Section 301.4535(a), Occupations Code, is
1116	1123		amended to read as follows:
1117	1124		(a) The board shall suspend a nurse's license or refuse to
1118	1125		issue a license to an applicant on proof that the nurse or applicant
1119	1126		has been initially convicted of:
1120	1127		(1) murder under Section 19.02, Penal Code, capital
1121	1128		murder under Section 19.03, Penal Code, or manslaughter under
1122	1129		Section 19.04, Penal Code;
1123	1130		(2) kidnapping or unlawful restraint under Chapter 20,
1124	1131		Penal Code, and the offense was punished as a felony or state jail
1125	1132		felony;
1126	1133		(3) sexual assault under Section 22.011, Penal Code;
1127	1134		(4) aggravated sexual assault under Section 22.021,
1128	1135		Penal Code;
1129	1136		(5) continuous sexual abuse of young child or disabled
1130	1137		individual [children] under Section 21.02, Penal Code, or indecency
1131	1138		with a child under Section 21.11, Penal Code;
1132	1139		(6) aggravated assault under Section 22.02, Penal
1133	1140		Code;
1134	1141		(7) intentionally, knowingly, or recklessly injuring
1135	1142		a child, elderly individual, or disabled individual under Section
1136	1143		22.04, Penal Code;
1137	1144		(8) intentionally, knowingly, or recklessly
1138	1145		abandoning or endangering a child under Section 22.041, Penal Code;
1139	1146		(9) aiding suicide under Section 22.08, Penal Code,
1140	1147		and the offense was punished as a state jail felony;
1141	1148		(10) an offense involving a violation of certain court
1142	1149		orders or conditions of bond under Section 25.07, 25.071, or
1143	1150		25.072, Penal Code, punished as a felony;
1144	1151		(11) an agreement to abduct a child from custody under
1145	1152		Section 25.031, Penal Code;
1146	1153		(12) the sale or purchase of a child under Section
1147	1154		25.08, Penal Code;
1148	1155		(13) robbery under Section 29.02, Penal Code;
1149	1156		(14) aggravated robbery under Section 29.03, Penal
1150	1157		Code;
1151	1158		(15) an offense for which a defendant is required to
1152	1159		register as a sex offender under Chapter 62, Code of Criminal
1153	1160		Procedure; or
1154	1161		(16) an offense under the law of another state,
1155	1162		federal law, or the Uniform Code of Military Justice that contains
1156	1163		elements that are substantially similar to the elements of an
1157	1164		offense listed in this subsection.
1158	1165		SECTION 2.26. Section 20A.02(a), Penal Code, is amended to
1159	1166		read as follows:
1160	1167		(a) A person commits an offense if the person knowingly:
1161	1168		(1) traffics another person with the intent that the
1162	1169		trafficked person engage in forced labor or services;
1163	1170		(2) receives a benefit from participating in a venture
1164	1171		that involves an activity described by Subdivision (1), including
1165	1172		by receiving labor or services the person knows are forced labor or
1166	1173		services;
1167	1174		(3) traffics another person and, through force, fraud,
1168	1175		or coercion, causes the trafficked person to engage in conduct
1169	1176		prohibited by:
1170	1177		(A) Section 43.02 (Prostitution);
1171	1178		(B) Section 43.03 (Promotion of Prostitution);
1172	1179		(B-1) Section 43.031 (Online Promotion of
1173	1180		Prostitution);
1174	1181		(C) Section 43.04 (Aggravated Promotion of
1175	1182		Prostitution);
1176	1183		(C-1) Section 43.041 (Aggravated Online
1177	1184		Promotion of Prostitution); or
1178	1185		(D) Section 43.05 (Compelling Prostitution);
1179	1186		(4) receives a benefit from participating in a venture
1180	1187		that involves an activity described by Subdivision (3) or engages
1181	1188		in sexual conduct with a person trafficked in the manner described
1182	1189		in Subdivision (3);
1183	1190		(5) traffics a child with the intent that the
1184	1191		trafficked child engage in forced labor or services;
1185	1192		(6) receives a benefit from participating in a venture
1186	1193		that involves an activity described by Subdivision (5), including
1187	1194		by receiving labor or services the person knows are forced labor or
1188	1195		services;
1189	1196		(7) traffics a child and by any means causes the
1190	1197		trafficked child to engage in, or become the victim of, conduct
1191	1198		prohibited by:
1192	1199		(A) Section 21.02 (Continuous Sexual Abuse of
1193	1200		Young Child or Disabled Individual [Children]);
1194	1201		(B) Section 21.11 (Indecency with a Child);
1195	1202		(C) Section 22.011 (Sexual Assault);
1196	1203		(D) Section 22.021 (Aggravated Sexual Assault);
1197	1204		(E) Section 43.02 (Prostitution);
1198	1205		(F) Section 43.03 (Promotion of Prostitution);
1199	1206		(F-1) Section 43.031 (Online Promotion of
1200	1207		Prostitution);
1201	1208		(G) Section 43.04 (Aggravated Promotion of
1202	1209		Prostitution);
1203	1210		(G-1) Section 43.041 (Aggravated Online
1204	1211		Promotion of Prostitution);
1205	1212		(H) Section 43.05 (Compelling Prostitution);
1206	1213		(I) Section 43.25 (Sexual Performance by a
1207	1214		Child);
1208	1215		(J) Section 43.251 (Employment Harmful to
1209	1216		Children); or
1210	1217		(K) Section 43.26 (Possession or Promotion of
1211	1218		Child Pornography); or
1212	1219		(8) receives a benefit from participating in a venture
1213	1220		that involves an activity described by Subdivision (7) or engages
1214	1221		in sexual conduct with a child trafficked in the manner described in
1215	1222		Subdivision (7).
1216	1223		SECTION 2.27. Section 71.02(a), Penal Code, is amended to
1217	1224		read as follows:
1218	1225		(a) A person commits an offense if, with the intent to
1219	1226		establish, maintain, or participate in a combination or in the
1220	1227		profits of a combination or as a member of a criminal street gang,
1221	1228		the person commits or conspires to commit one or more of the
1222	1229		following:
1223	1230		(1) murder, capital murder, arson, aggravated
1224	1231		robbery, robbery, burglary, theft, aggravated kidnapping,
1225	1232		kidnapping, aggravated assault, aggravated sexual assault, sexual
1226	1233		assault, continuous sexual abuse of young child or disabled
1227	1234		individual [children], solicitation of a minor, forgery, deadly
1228	1235		conduct, assault punishable as a Class A misdemeanor, burglary of a
1229	1236		motor vehicle, or unauthorized use of a motor vehicle;
1230	1237		(2) any gambling offense punishable as a Class A
1231	1238		misdemeanor;
1232	1239		(3) promotion of prostitution, aggravated promotion
1233	1240		of prostitution, or compelling prostitution;
1234	1241		(4) unlawful manufacture, transportation, repair, or
1235	1242		sale of firearms or prohibited weapons;
1236	1243		(5) unlawful manufacture, delivery, dispensation, or
1237	1244		distribution of a controlled substance or dangerous drug, or
1238	1245		unlawful possession of a controlled substance or dangerous drug
1239	1246		through forgery, fraud, misrepresentation, or deception;
1240	1247		(5-a) causing the unlawful delivery, dispensation, or
1241	1248		distribution of a controlled substance or dangerous drug in
1242	1249		violation of Subtitle B, Title 3, Occupations Code;
1243	1250		(6) any unlawful wholesale promotion or possession of
1244	1251		any obscene material or obscene device with the intent to wholesale
1245	1252		promote the same;
1246	1253		(7) any offense under Subchapter B, Chapter 43,
1247	1254		depicting or involving conduct by or directed toward a child
1248	1255		younger than 18 years of age;
1249	1256		(8) any felony offense under Chapter 32;
1250	1257		(9) any offense under Chapter 36;
1251	1258		(10) any offense under Chapter 34, 35, or 35A;
1252	1259		(11) any offense under Section 37.11(a);
1253	1260		(12) any offense under Chapter 20A;
1254	1261		(13) any offense under Section 37.10;
1255	1262		(14) any offense under Section 38.06, 38.07, 38.09, or
1256	1263		38.11;
1257	1264		(15) any offense under Section 42.10;
1258	1265		(16) any offense under Section 46.06(a)(1) or 46.14;
1259	1266		(17) any offense under Section 20.05 or 20.06;
1260	1267		(18) any offense under Section 16.02; or
1261	1268		(19) any offense classified as a felony under the Tax
1262	1269		Code.
1263	1270		SECTION 2.28. Section 92.0161(c), Property Code, is amended
1264	1271		to read as follows:
1265	1272		(c) If the tenant is a victim or a parent or guardian of a
1266	1273		victim of sexual assault under Section 22.011, Penal Code,
1267	1274		aggravated sexual assault under Section 22.021, Penal Code,
1268	1275		indecency with a child under Section 21.11, Penal Code, sexual
1269	1276		performance by a child under Section 43.25, Penal Code, continuous
1270	1277		sexual abuse of young [a] child or disabled individual under
1271	1278		Section 21.02, Penal Code, or an attempt to commit any of the
1272	1279		foregoing offenses under Section 15.01, Penal Code, that takes
1273	1280		place during the preceding six-month period on the premises or at
1274	1281		any dwelling on the premises, the tenant shall provide to the
1275	1282		landlord or the landlord's agent a copy of:
1276	1283		(1) documentation of the assault or abuse, or
1277	1284		attempted assault or abuse, of the victim from a licensed health
1278	1285		care services provider who examined the victim;
1279	1286		(2) documentation of the assault or abuse, or
1280	1287		attempted assault or abuse, of the victim from a licensed mental
1281	1288		health services provider who examined or evaluated the victim;
1282	1289		(3) documentation of the assault or abuse, or
1283	1290		attempted assault or abuse, of the victim from an individual
1284	1291		authorized under Chapter 420, Government Code, who provided
1285	1292		services to the victim; or
1286	1293		(4) documentation of a protective order issued under
1287	1294		Subchapter A, Chapter 7B, Code of Criminal Procedure, except for a
1288	1295		temporary ex parte order.
1289	1296		ARTICLE III. TRANSITION AND EFFECTIVE DATE
1290	1297		SECTION 3.01. The change in law made by this Act applies
1291	1298		only to an offense committed on or after the effective date of this
1292	1299		Act. An offense committed before the effective date of this Act is
1293	1300		governed by the law in effect on the date the offense was committed,
1294	1301		and the former law is continued in effect for that purpose. For
1295	1302		purposes of this section, an offense was committed before the
1296	1303		effective date of this Act if any element of the offense occurred
1297	1304		before that date.
1298	1305		SECTION 3.02. This Act takes effect September 1, 2021.
1299		-	______________________________ ______________________________
1300		-	President of the Senate Speaker of the House
1301		-	I certify that H.B. No. 375 was passed by the House on April
1302		-	13, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not
1303		-	voting.
1304		-	______________________________
1305		-	Chief Clerk of the House
1306		-	I certify that H.B. No. 375 was passed by the Senate on May
1307		-	19, 2021, by the following vote: Yeas 31, Nays 0.
1308		-	______________________________
1309		-	Secretary of the Senate
1310		-	APPROVED: _____________________
1311		-	Date
1312		-	_____________________
1313		-	Governor
	1306	+	* * * * *