Texas 2023 - 88th Regular

Texas House Bill HB1559 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1581 LHC-D
2	2	By: Schatzline H.B. No. 1559
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offenses of indecency with a
8	8	child and sexual assault.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.11(a), Penal Code, is amended to read
11	11	as follows:
12	12	(a) A person commits an offense if, with a child younger
13	13	than 18 [17] years of age, whether the child is of the same or
14	14	opposite sex and regardless of whether the person knows the age of
15	15	the child at the time of the offense, the person:
16	16	(1) engages in sexual contact with the child or causes
17	17	the child to engage in sexual contact; or
18	18	(2) with intent to arouse or gratify the sexual desire
19	19	of any person:
20	20	(A) exposes the person's anus or any part of the
21	21	person's genitals, knowing the child is present; or
22	22	(B) causes the child to expose the child's anus
23	23	or any part of the child's genitals.
24	24	SECTION 2. Section 22.011(c)(1), Penal Code, is amended to
25	25	read as follows:
26	26	(1) "Child" means a person younger than 18 [17] years
27	27	of age.
28	28	SECTION 3. Section 1(1), Article 38.074, Code of Criminal
29	29	Procedure, is amended to read as follows:
30	30	(1) "Child" means a person younger than 17 years of age
31	31	[has the meaning assigned by Section 22.011(c), Penal Code].
32	32	SECTION 4. Article 42A.453(c), Code of Criminal Procedure,
33	33	is amended to read as follows:
34	34	(c) If a judge grants community supervision to a defendant
35	35	described by Subsection (b) and the judge determines that a child
36	36	younger than 17 years of age [as defined by Section 22.011(c), Penal
37	37	Code,] was the victim of the offense, the judge shall establish a
38	38	child safety zone applicable to the defendant by requiring as a
39	39	condition of community supervision that the defendant:
40	40	(1) not:
41	41	(A) supervise or participate in any program that:
42	42	(i) includes as participants or recipients
43	43	persons who are 17 years of age or younger; and
44	44	(ii) regularly provides athletic, civic, or
45	45	cultural activities; or
46	46	(B) go in, on, or within 1,000 feet of a premises
47	47	where children commonly gather, including a school, day-care
48	48	facility, playground, public or private youth center, public
49	49	swimming pool, video arcade facility, or general residential
50	50	operation operating as a residential treatment center; and
51	51	(2) attend psychological counseling sessions for sex
52	52	offenders with an individual or organization that provides sex
53	53	offender treatment or counseling as specified or approved by the
54	54	judge or the defendant's supervision officer.
55	55	SECTION 5. Section 508.187(b), Government Code, is amended
56	56	to read as follows:
57	57	(b) A parole panel shall establish a child safety zone
58	58	applicable to a releasee if the panel determines that a child
59	59	younger than 17 years of age [as defined by Section 22.011(c), Penal
60	60	Code,] was the victim of the offense, by requiring as a condition of
61	61	parole or mandatory supervision that the releasee:
62	62	(1) not:
63	63	(A) supervise or participate in any program that
64	64	includes as participants or recipients persons who are 17 years of
65	65	age or younger and that regularly provides athletic, civic, or
66	66	cultural activities; or
67	67	(B) go in, on, or within a distance specified by
68	68	the panel of premises where children commonly gather, including a
69	69	school, day-care facility, playground, public or private youth
70	70	center, public swimming pool, or video arcade facility; and
71	71	(2) attend for a period of time determined necessary
72	72	by the panel psychological counseling sessions for sex offenders
73	73	with an individual or organization that provides sex offender
74	74	treatment or counseling as specified by the parole officer
75	75	supervising the releasee after release.
76	76	SECTION 6. The changes in law made by this Act apply only to
77	77	an offense committed on or after the effective date of this Act. An
78	78	offense committed before the effective date of this Act is governed
79	79	by the law in effect on the date the offense was committed, and the
80	80	former law is continued in effect for that purpose. For purposes of
81	81	this section, an offense was committed before the effective date of
82	82	this Act if any element of the offense occurred before that date.
83	83	SECTION 7. This Act takes effect September 1, 2023.