Texas 2023 - 88th Regular

Texas House Bill HB1227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1227
2	2
3	3
4	4	AN ACT
5	5	relating to changing the eligibility for community supervision of a
6	6	person convicted of possession or promotion of child pornography.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
9	9	is amended to read as follows:
10	10	(a) Article 42A.053 does not apply to a defendant adjudged
11	11	guilty of an offense under:
12	12	(1) Section 15.03, Penal Code, if the offense is
13	13	punishable as a felony of the first degree;
14	14	(2) Section 19.02, Penal Code (Murder);
15	15	(3) Section 19.03, Penal Code (Capital Murder);
16	16	(4) Section 20.04, Penal Code (Aggravated
17	17	Kidnapping);
18	18	(5) Section 20A.02, Penal Code (Trafficking of
19	19	Persons);
20	20	(6) Section 20A.03, Penal Code (Continuous
21	21	Trafficking of Persons);
22	22	(7) Section 21.11, Penal Code (Indecency with a
23	23	Child);
24	24	(8) Section 22.011, Penal Code (Sexual Assault);
25	25	(9) Section 22.021, Penal Code (Aggravated Sexual
26	26	Assault);
27	27	(10) Section 22.04(a)(1), Penal Code (Injury to a
28	28	Child, Elderly Individual, or Disabled Individual), if:
29	29	(A) the offense is punishable as a felony of the
30	30	first degree; and
31	31	(B) the victim of the offense is a child;
32	32	(11) Section 29.03, Penal Code (Aggravated Robbery);
33	33	(12) Section 30.02, Penal Code (Burglary), if:
34	34	(A) the offense is punishable under Subsection
35	35	(d) of that section; and
36	36	(B) the actor committed the offense with the
37	37	intent to commit a felony under Section 21.02, 21.11, 22.011,
38	38	22.021, or 25.02, Penal Code;
39	39	(13) Section 43.04, Penal Code (Aggravated Promotion
40	40	of Prostitution);
41	41	(14) Section 43.05, Penal Code (Compelling
42	42	Prostitution);
43	43	(15) Section 43.25, Penal Code (Sexual Performance by
44	44	a Child);
45	45	(16) Section 43.26, Penal Code (Possession or
46	46	Promotion of Child Pornography);
47	47	(17) Chapter 481, Health and Safety Code, for which
48	48	punishment is increased under:
49	49	(A) Section 481.140 of that code (Use of Child in
50	50	Commission of Offense); or
51	51	(B) Section 481.134(c), (d), (e), or (f) of that
52	52	code (Drug-free Zones) if it is shown that the defendant has been
53	53	previously convicted of an offense for which punishment was
54	54	increased under any of those subsections; or
55	55	(18) [(17)] Section 481.1123, Health and Safety Code
56	56	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
57	57	offense is punishable under Subsection (d), (e), or (f) of that
58	58	section.
59	59	SECTION 2. Section 773.0614(c), Health and Safety Code, is
60	60	amended to read as follows:
61	61	(c) A certificate holder's certificate shall be revoked if
62	62	the certificate holder has been convicted of or placed on deferred
63	63	adjudication community supervision or deferred disposition for:
64	64	(1) an offense listed in Article 42A.054(a)(2), (3),
65	65	(4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
66	66	Procedure; or
67	67	(2) an offense, other than an offense described by
68	68	Subdivision (1), committed on or after September 1, 2009, for which
69	69	the person is subject to registration under Chapter 62, Code of
70	70	Criminal Procedure.
71	71	SECTION 3. Section 773.06141(a), Health and Safety Code, is
72	72	amended to read as follows:
73	73	(a) The department may suspend, revoke, or deny an emergency
74	74	medical services provider license on the grounds that the
75	75	provider's administrator of record, employee, or other
76	76	representative:
77	77	(1) has been convicted of, or placed on deferred
78	78	adjudication community supervision or deferred disposition for, an
79	79	offense that directly relates to the duties and responsibilities of
80	80	the administrator, employee, or representative, other than an
81	81	offense described by Section 542.304, Transportation Code;
82	82	(2) has been convicted of or placed on deferred
83	83	adjudication community supervision or deferred disposition for an
84	84	offense, including:
85	85	(A) an offense listed in Article 42A.054(a)(2),
86	86	(3), (4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
87	87	Procedure; or
88	88	(B) an offense, other than an offense described
89	89	by Subdivision (1), for which the person is subject to registration
90	90	under Chapter 62, Code of Criminal Procedure; or
91	91	(3) has been convicted of Medicare or Medicaid fraud,
92	92	has been excluded from participation in the state Medicaid program,
93	93	or has a hold on payment for reimbursement under the state Medicaid
94	94	program under Subchapter C, Chapter 531, Government Code.
95	95	SECTION 4. The change in law made by this Act applies only
96	96	to an offense committed on or after the effective date of this Act.
97	97	An offense committed before the effective date of this Act is
98	98	governed by the law in effect on the date the offense was committed,
99	99	and the former law is continued in effect for that purpose. For
100	100	purposes of this section, an offense was committed before the
101	101	effective date of this Act if any element of the offense occurred
102	102	before that date.
103	103	SECTION 5. This Act takes effect September 1, 2023.
104	104	______________________________ ______________________________
105	105	President of the Senate Speaker of the House
106	106	I certify that H.B. No. 1227 was passed by the House on April
107	107	21, 2023, by the following vote: Yeas 140, Nays 0, 1 present, not
108	108	voting.
109	109	______________________________
110	110	Chief Clerk of the House
111	111	I certify that H.B. No. 1227 was passed by the Senate on May
112	112	24, 2023, by the following vote: Yeas 31, Nays 0.
113	113	______________________________
114	114	Secretary of the Senate
115	115	APPROVED: _____________________
116	116	Date
117	117	_____________________
118	118	Governor