| 1 | 1 | | 88R3859 MCF-D |
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| 2 | 2 | | By: Harless H.B. No. 1975 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to increasing the criminal penalties for certain repeat |
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| 8 | 8 | | sex offenders and to the admissibility of evidence of certain |
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| 9 | 9 | | extraneous offenses or acts in the prosecution of certain sexual |
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| 10 | 10 | | and assaultive offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 12.42(c), Penal Code, is amended by |
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| 13 | 13 | | adding Subdivision (2-a) and amending Subdivision (4) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (2-a) A defendant shall be punished by imprisonment in |
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| 16 | 16 | | the Texas Department of Criminal Justice for life if the defendant |
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| 17 | 17 | | is convicted in the same trial of more than one offense under |
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| 18 | 18 | | Section 22.011 or 22.021 or of more than one count of the same |
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| 19 | 19 | | offense under either of those sections. |
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| 20 | 20 | | (4) Notwithstanding Subdivision (1) or (2), and except |
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| 21 | 21 | | as provided by Subdivision (3) for the trial of an offense under |
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| 22 | 22 | | Section 22.021 as described by that subdivision, a defendant shall |
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| 23 | 23 | | be punished by imprisonment in the Texas Department of Criminal |
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| 24 | 24 | | Justice for life without parole if it is shown on the trial of the |
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| 25 | 25 | | applicable offense that: |
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| 26 | 26 | | (A) for an offense under Section 20A.03 or [of] a |
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| 27 | 27 | | sexually violent offense[,] committed by the defendant on or after |
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| 28 | 28 | | the defendant's 18th birthday, [that] the defendant has previously |
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| 29 | 29 | | been finally convicted of: |
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| 30 | 30 | | (i) [(A)] an offense under Section 20A.03 |
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| 31 | 31 | | or [of] a sexually violent offense; or |
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| 32 | 32 | | (ii) [(B)] an offense that was committed |
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| 33 | 33 | | under the laws of another state and that contains elements that are |
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| 34 | 34 | | substantially similar to the elements of an offense under Section |
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| 35 | 35 | | 20A.03 or [of] a sexually violent offense; or |
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| 36 | 36 | | (B) for an offense under Section 22.011 or |
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| 37 | 37 | | 22.021: |
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| 38 | 38 | | (i) the defendant has previously been |
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| 39 | 39 | | finally convicted of two offenses under Section 22.011 or 22.021; |
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| 40 | 40 | | and |
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| 41 | 41 | | (ii) the second previous conviction is for |
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| 42 | 42 | | an offense that occurred subsequent to the first previous |
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| 43 | 43 | | conviction having become final. |
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| 44 | 44 | | SECTION 2. Section 1, Article 38.37, Code of Criminal |
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| 45 | 45 | | Procedure, is amended to read as follows: |
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| 46 | 46 | | Sec. 1. (a) Subsection (b) applies to a proceeding in the |
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| 47 | 47 | | prosecution of a defendant for an offense, or an attempt or |
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| 48 | 48 | | conspiracy to commit an offense, under the following provisions of |
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| 49 | 49 | | the Penal Code: |
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| 50 | 50 | | (1) if committed against a person of any [child under |
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| 51 | 51 | | 17 years of] age: |
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| 52 | 52 | | (A) Chapter 21 (Sexual Offenses); |
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| 53 | 53 | | (B) Chapter 22 (Assaultive Offenses); or |
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| 54 | 54 | | (C) Section 25.02 (Prohibited Sexual Conduct); |
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| 55 | 55 | | or |
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| 56 | 56 | | (2) if committed against a person younger than 18 |
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| 57 | 57 | | years of age: |
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| 58 | 58 | | (A) Section 43.25 (Sexual Performance by a |
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| 59 | 59 | | Child); |
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| 60 | 60 | | (B) Section 20A.02(a)(7) or (8); or |
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| 61 | 61 | | (C) Section 43.05(a)(2) (Compelling |
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| 62 | 62 | | Prostitution). |
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| 63 | 63 | | (b) Notwithstanding Rules 404 and 405, Texas Rules of |
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| 64 | 64 | | Evidence, evidence of other crimes, wrongs, or acts committed by |
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| 65 | 65 | | the defendant against the [child who is the] victim of the alleged |
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| 66 | 66 | | offense shall be admitted for its bearing on relevant matters, |
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| 67 | 67 | | including: |
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| 68 | 68 | | (1) the state of mind of the defendant and the victim |
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| 69 | 69 | | [child]; and |
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| 70 | 70 | | (2) the previous and subsequent relationship between |
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| 71 | 71 | | the defendant and the victim [child]. |
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| 72 | 72 | | SECTION 3. (a) Section 12.42, Penal Code, as amended by this |
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| 73 | 73 | | Act, applies only to an offense committed on or after the effective |
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| 74 | 74 | | date of this Act. An offense committed before the effective date of |
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| 75 | 75 | | this Act is governed by the law in effect on the date the offense was |
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| 76 | 76 | | committed, and the former law is continued in effect for that |
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| 77 | 77 | | purpose. For purposes of this subsection, an offense was committed |
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| 78 | 78 | | before the effective date of this Act if any element of the offense |
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| 79 | 79 | | occurred before that date. |
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| 80 | 80 | | (b) Section 1, Article 38.37, Code of Criminal Procedure, as |
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| 81 | 81 | | amended by this Act, applies to the admissibility of evidence in a |
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| 82 | 82 | | criminal proceeding that commences on or after the effective date |
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| 83 | 83 | | of this Act. The admissibility of evidence in a criminal proceeding |
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| 84 | 84 | | that commences before the effective date of this Act is governed by |
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| 85 | 85 | | the law in effect on the date the proceeding commenced, and the |
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| 86 | 86 | | former law is continued in effect for that purpose. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2023. |
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