Texas 2023 - 88th Regular

Texas Senate Bill SB2019 Compare Versions

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1	1	88R7849 EAS-F
2	2	By: Paxton S.B. No. 2019
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the minimum term of imprisonment and
8	8	changing the eligibility for community supervision and parole of
9	9	certain persons convicted of sexual assault and aggravated sexual
10	10	assault.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.011(f), Penal Code, is amended to
13	13	read as follows:
14	14	(f) An offense under this section is a felony of the second
15	15	degree with a minimum term of imprisonment of 10 years, except that
16	16	an offense under this section is:
17	17	(1) a felony of the first degree with a minimum term of
18	18	imprisonment of 10 years if the victim was:
19	19	(A) a person whom the actor was prohibited from
20	20	marrying or purporting to marry or with whom the actor was
21	21	prohibited from living under the appearance of being married under
22	22	Section 25.01; or
23	23	(B) a person with whom the actor was prohibited
24	24	from engaging in sexual intercourse or deviate sexual intercourse
25	25	under Section 25.02; or
26	26	(2) a state jail felony if the offense is committed
27	27	under Subsection (a)(1) and the actor has not received express
28	28	consent as described by Subsection (b)(12).
29	29	SECTION 2. Sections 22.021(e) and (f), Penal Code, are
30	30	amended to read as follows:
31	31	(e) Except as provided by Subsection (f), an [An] offense
32	32	under this section is a felony of the first degree with a minimum
33	33	term of imprisonment of 25 years.
34	34	(f) The minimum term of imprisonment for an offense under
35	35	this section is increased to 50 [25] years if:
36	36	(1) the victim of the offense is younger than six years
37	37	of age at the time the offense is committed; or
38	38	(2) the victim of the offense is younger than 14 years
39	39	of age at the time the offense is committed and the actor commits
40	40	the offense in a manner described by Subsection (a)(2)(A).
41	41	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
42	42	amended to read as follows:
43	43	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
44	44	SUPERVISION. A defendant is not eligible for community supervision
45	45	under Article 42A.055 if the defendant:
46	46	(1) is sentenced to a term of imprisonment that
47	47	exceeds 10 years;
48	48	(2) is convicted of a state jail felony for which
49	49	suspension of the imposition of the sentence occurs automatically
50	50	under Article 42A.551;
51	51	(3) is adjudged guilty of an offense under Section
52	52	19.02, Penal Code;
53	53	(4) is convicted of an offense under:
54	54	(A) Section 21.11, [22.011, or 22.021,] Penal
55	55	Code, if the victim of the offense was younger than 14 years of age
56	56	at the time the offense was committed;
57	57	(B) Section 22.011, Penal Code, that is
58	58	punishable as a first or second degree felony; or
59	59	(C) Section 22.021, Penal Code;
60	60	(5) is convicted of an offense under Section 20.04,
61	61	Penal Code, if:
62	62	(A) the victim of the offense was younger than 14
63	63	years of age at the time the offense was committed; and
64	64	(B) the actor committed the offense with the
65	65	intent to violate or abuse the victim sexually;
66	66	(6) is convicted of an offense under Section 20A.02,
67	67	20A.03, 43.04, 43.05, or 43.25, Penal Code;
68	68	(7) is convicted of an offense for which punishment is
69	69	increased under Section 481.134(c), (d), (e), or (f), Health and
70	70	Safety Code, if it is shown that the defendant has been previously
71	71	convicted of an offense for which punishment was increased under
72	72	any of those subsections; or
73	73	(8) is convicted of an offense under Section 481.1123,
74	74	Health and Safety Code, if the offense is punishable under
75	75	Subsection (d), (e), or (f) of that section.
76	76	SECTION 4. Article 42A.102, Code of Criminal Procedure, is
77	77	amended to read as follows:
78	78	Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
79	79	COMMUNITY SUPERVISION. (a) Subject to Subsection (b), a judge may
80	80	place on deferred adjudication community supervision a defendant
81	81	charged with an offense under Section 21.11 or [,] 22.011, [or
82	82	22.021,] Penal Code, regardless of the age of the victim, or a
83	83	defendant charged with a felony described by Article 42A.453(b)
84	84	only if the judge makes a finding in open court that placing the
85	85	defendant on deferred adjudication community supervision is in the
86	86	best interest of the victim. The failure of the judge to make a
87	87	finding under this subsection is not grounds for the defendant to
88	88	set aside the plea, deferred adjudication, or any subsequent
89	89	conviction or sentence.
90	90	(b) In all other cases, the judge may grant deferred
91	91	adjudication community supervision unless:
92	92	(1) the defendant is charged with an offense:
93	93	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
94	94	49.065, 49.07, or 49.08, Penal Code;
95	95	(B) under Section 49.04 or 49.06, Penal Code,
96	96	and, at the time of the offense:
97	97	(i) the defendant held a commercial
98	98	driver's license or a commercial learner's permit; or
99	99	(ii) the defendant's alcohol concentration,
100	100	as defined by Section 49.01, Penal Code, was 0.15 or more;
101	101	(C) for which punishment may be increased under
102	102	Section 49.09, Penal Code;
103	103	(D) for which punishment may be increased under
104	104	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
105	105	is shown that the defendant has been previously convicted of an
106	106	offense for which punishment was increased under any one of those
107	107	subsections; or
108	108	(E) under Section 481.1123, Health and Safety
109	109	Code, that is punishable under Subsection (d), (e), or (f) of that
110	110	section;
111	111	(2) the defendant:
112	112	(A) is charged with an offense under Section
113	113	21.11, 22.011, [22.021,] 43.04, or 43.05, Penal Code, regardless of
114	114	the age of the victim, or a felony described by Article 42A.453(b),
115	115	other than a felony described by Subdivision (1)(A) or (3)(C)
116	116	[(3)(B)] of this subsection; and
117	117	(B) has previously been placed on community
118	118	supervision for an offense under Paragraph (A);
119	119	(3) the defendant is charged with an offense under:
120	120	(A) Section 21.02, Penal Code; [or]
121	121	(B) Section 22.011, Penal Code, that is
122	122	punishable as a first or second degree felony; or
123	123	(C) Section 22.021, Penal Code [, that is
124	124	punishable under Subsection (f) of that section or under Section
125	125	12.42(c)(3) or (4), Penal Code]; or
126	126	(4) the defendant is charged with an offense under
127	127	Section 19.02, Penal Code, except that the judge may grant deferred
128	128	adjudication community supervision on determining that the
129	129	defendant did not cause the death of the deceased, did not intend to
130	130	kill the deceased or another, and did not anticipate that a human
131	131	life would be taken.
132	132	SECTION 5. Article 42A.103(a), Code of Criminal Procedure,
133	133	is amended to read as follows:
134	134	(a) In a felony case, the period of deferred adjudication
135	135	community supervision may not exceed 10 years. For a defendant
136	136	charged with a felony under Section 21.11 or [,] 22.011, [or
137	137	22.021,] Penal Code, regardless of the age of the victim, and for a
138	138	defendant charged with a felony described by Article 42A.453(b),
139	139	the period of deferred adjudication community supervision may not
140	140	be less than five years.
141	141	SECTION 6. Article 42A.105(c), Code of Criminal Procedure,
142	142	is amended to read as follows:
143	143	(c) If a judge places on deferred adjudication community
144	144	supervision a defendant charged with an offense under Section 21.11
145	145	[or 22.011], Penal Code, the judge shall make an affirmative
146	146	finding of fact and file a statement of that affirmative finding
147	147	with the papers in the case if the judge determines that:
148	148	(1) at the time of the offense, the defendant was not
149	149	more than four years older than the victim or intended victim and
150	150	the victim or intended victim was at least 15 years of age; and
151	151	(2) the charge to which the plea is entered under this
152	152	subchapter is based solely on the ages of the defendant and the
153	153	victim or intended victim at the time of the offense.
154	154	SECTION 7. Article 42A.258(a), Code of Criminal Procedure,
155	155	is amended to read as follows:
156	156	(a) If the defendant is a sex offender, other than a
157	157	defendant who has been convicted of, or has entered a plea of guilty
158	158	or nolo contendere for, a first or second degree felony under
159	159	Section 22.011, Penal Code, or an offense under Section 22.021,
160	160	Penal Code, the judge shall direct a supervision officer approved
161	161	by the community supervision and corrections department or the
162	162	judge, or a person, program, or other agency approved by the
163	163	council, to:
164	164	(1) evaluate the appropriateness of, and a course of
165	165	conduct necessary for, treatment, specialized supervision, or
166	166	rehabilitation of the defendant; and
167	167	(2) report the results of the evaluation to the judge.
168	168	SECTION 8. Article 42A.303(c), Code of Criminal Procedure,
169	169	is amended to read as follows:
170	170	(c) The judge may impose the condition of community
171	171	supervision described by this article if:
172	172	(1) the defendant is charged with or convicted of a
173	173	felony other than:
174	174	(A) a felony under Section 21.11 or [,] 22.011,
175	175	[or 22.021,] Penal Code; or
176	176	(B) criminal attempt of a felony under Section
177	177	21.11, 22.011, or 22.021, Penal Code; and
178	178	(2) the judge makes an affirmative finding that:
179	179	(A) drug or alcohol abuse significantly
180	180	contributed to the commission of the offense or violation of a
181	181	condition of community supervision, as applicable; and
182	182	(B) the defendant is a suitable candidate for
183	183	treatment, as determined by the suitability criteria established by
184	184	the Texas Board of Criminal Justice under Section 493.009(b),
185	185	Government Code.
186	186	SECTION 9. Article 42A.453(b), Code of Criminal Procedure,
187	187	is amended to read as follows:
188	188	(b) This article applies to a defendant placed on community
189	189	supervision for an offense under:
190	190	(1) Section 20.04(a)(4), Penal Code, if the defendant
191	191	committed the offense with the intent to violate or abuse the victim
192	192	sexually;
193	193	(2) Section 20A.02, Penal Code, if the defendant:
194	194	(A) trafficked the victim with the intent or
195	195	knowledge that the victim would engage in sexual conduct, as
196	196	defined by Section 43.25, Penal Code; or
197	197	(B) benefited from participating in a venture
198	198	that involved a trafficked victim engaging in sexual conduct, as
199	199	defined by Section 43.25, Penal Code;
200	200	(3) Section 21.08, 21.11, [22.011, 22.021,] or 25.02,
201	201	Penal Code;
202	202	(4) Section 30.02, Penal Code, punishable under
203	203	Subsection (d) of that section, if the defendant committed the
204	204	offense with the intent to commit a felony listed in Subdivision (1)
205	205	or (3); or
206	206	(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
207	207	SECTION 10. Article 42A.454(a), Code of Criminal Procedure,
208	208	is amended to read as follows:
209	209	(a) This article applies only to a defendant who is required
210	210	to register as a sex offender under Chapter 62, by court order or
211	211	otherwise, and:
212	212	(1) is convicted of or receives a grant of deferred
213	213	adjudication community supervision for a violation of Section
214	214	21.11, [22.011(a)(2), 22.021(a)(1)(B),] 33.021, or 43.25, Penal
215	215	Code;
216	216	(2) used the Internet or any other type of electronic
217	217	device used for Internet access to commit the offense or engage in
218	218	the conduct for which the person is required to register under
219	219	Chapter 62; or
220	220	(3) is assigned a numeric risk level of two or three
221	221	based on an assessment conducted under Article 62.007.
222	222	SECTION 11. Article 42A.455, Code of Criminal Procedure, is
223	223	amended to read as follows:
224	224	Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
225	225	judge who grants community supervision to a defendant charged with
226	226	or convicted of an offense under Section 21.11 [or 22.011(a)(2)],
227	227	Penal Code, may require the defendant to pay a fine in an amount not
228	228	to exceed $50 to a children's advocacy center established under
229	229	Subchapter E, Chapter 264, Family Code.
230	230	SECTION 12. Article 42A.653(a), Code of Criminal Procedure,
231	231	is amended to read as follows:
232	232	(a) A judge who grants community supervision to a defendant
233	233	convicted of an offense under Section 21.08, 21.11, 22.011,
234	234	[22.021,] 25.02, 43.25, or 43.26, Penal Code, shall require as a
235	235	condition of community supervision that the defendant pay to the
236	236	defendant's supervision officer a community supervision fine of $5
237	237	each month during the period of community supervision.
238	238	SECTION 13. Article 42A.752(a), Code of Criminal Procedure,
239	239	is amended to read as follows:
240	240	(a) If after a hearing under Article 42A.751(d) a judge
241	241	continues or modifies community supervision after determining that
242	242	the defendant violated a condition of community supervision, the
243	243	judge may impose any other conditions the judge determines are
244	244	appropriate, including:
245	245	(1) a requirement that the defendant perform community
246	246	service for a number of hours specified by the court under Article
247	247	42A.304, or an increase in the number of hours that the defendant
248	248	has previously been required to perform under that article in an
249	249	amount not to exceed double the number of hours permitted by that
250	250	article;
251	251	(2) an extension of the period of community
252	252	supervision, in the manner described by Article 42A.753;
253	253	(3) an increase in the defendant's fine, in the manner
254	254	described by Subsection (b); or
255	255	(4) the placement of the defendant in a substance
256	256	abuse felony punishment program operated under Section 493.009,
257	257	Government Code, if:
258	258	(A) the defendant is convicted of a felony other
259	259	than:
260	260	(i) a felony under Section 21.11 or [,]
261	261	22.011, [or 22.021,] Penal Code; or
262	262	(ii) criminal attempt of a felony under
263	263	Section 21.11, 22.011, or 22.021, Penal Code; and
264	264	(B) the judge makes an affirmative finding that:
265	265	(i) drug or alcohol abuse significantly
266	266	contributed to the commission of the offense or violation of a
267	267	condition of community supervision, as applicable; and
268	268	(ii) the defendant is a suitable candidate
269	269	for treatment, as determined by the suitability criteria
270	270	established by the Texas Board of Criminal Justice under Section
271	271	493.009(b), Government Code.
272	272	SECTION 14. Article 42A.757(a), Code of Criminal Procedure,
273	273	is amended to read as follows:
274	274	(a) If a defendant is placed on community supervision after
275	275	receiving a grant of deferred adjudication community supervision
276	276	for or being convicted of an offense under Section 21.11 or [,]
277	277	22.011, [or 22.021,] Penal Code, at any time during the period of
278	278	community supervision, the judge may extend the period of community
279	279	supervision as provided by this article.
280	280	SECTION 15. Section 508.145(d)(2), Government Code, is
281	281	amended to read as follows:
282	282	(2) An inmate described by Subdivision (1) is not
283	283	eligible for release on parole until the inmate's actual calendar
284	284	time served, without consideration of good conduct time, equals
285	285	one-half of the sentence or 30 calendar years, whichever is less,
286	286	but in no event is the inmate eligible for release on parole in less
287	287	than:
288	288	(A) 10 calendar years, for an inmate serving a
289	289	sentence for an offense under Section 22.011, Penal Code;
290	290	(B) 25 calendar years, for an inmate serving a
291	291	sentence for an offense under Section 22.021, Penal Code, except as
292	292	provided by Subsection (a)(3); or
293	293	(C) two calendar years, for an inmate serving a
294	294	sentence for any other offense to which this subsection applies.
295	295	SECTION 16. The change in law made by this Act applies only
296	296	to an offense committed on or after the effective date of this Act.
297	297	An offense committed before the effective date of this Act is
298	298	governed by the law in effect on the date the offense was committed,
299	299	and the former law is continued in effect for that purpose. For
300	300	purposes of this section, an offense was committed before the
301	301	effective date of this Act if any element of the offense occurred
302	302	before that date.
303	303	SECTION 17. This Act takes effect September 1, 2023.