H.B. No. 1227
AN ACT
relating to changing the eligibility for community supervision of a
person convicted of possession or promotion of child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by
a Child);
(16) Section 43.26, Penal Code (Possession or
Promotion of Child Pornography);
(17) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; or
(18) [(17)] Section 481.1123, Health and Safety Code
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
offense is punishable under Subsection (d), (e), or (f) of that
section.
SECTION 2. Section 773.0614(c), Health and Safety Code, is
amended to read as follows:
(c) A certificate holder's certificate shall be revoked if
the certificate holder has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for:
(1) an offense listed in Article 42A.054(a)(2), (3),
(4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
Procedure; or
(2) an offense, other than an offense described by
Subdivision (1), committed on or after September 1, 2009, for which
the person is subject to registration under Chapter 62, Code of
Criminal Procedure.
SECTION 3. Section 773.06141(a), Health and Safety Code, is
amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense described by Section 542.304, Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1227 was passed by the House on April
21, 2023, by the following vote: Yeas 140, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1227 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor