88R7849 EAS-F
By: Paxton S.B. No. 2019
A BILL TO BE ENTITLED
AN ACT
relating to increasing the minimum term of imprisonment and
changing the eligibility for community supervision and parole of
certain persons convicted of sexual assault and aggravated sexual
assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.011(f), Penal Code, is amended to
read as follows:
(f) An offense under this section is a felony of the second
degree with a minimum term of imprisonment of 10 years, except that
an offense under this section is:
(1) a felony of the first degree with a minimum term of
imprisonment of 10 years if the victim was:
(A) a person whom the actor was prohibited from
marrying or purporting to marry or with whom the actor was
prohibited from living under the appearance of being married under
Section 25.01; or
(B) a person with whom the actor was prohibited
from engaging in sexual intercourse or deviate sexual intercourse
under Section 25.02; or
(2) a state jail felony if the offense is committed
under Subsection (a)(1) and the actor has not received express
consent as described by Subsection (b)(12).
SECTION 2. Sections 22.021(e) and (f), Penal Code, are
amended to read as follows:
(e) Except as provided by Subsection (f), an [An] offense
under this section is a felony of the first degree with a minimum
term of imprisonment of 25 years.
(f) The minimum term of imprisonment for an offense under
this section is increased to 50 [25] years if:
(1) the victim of the offense is younger than six years
of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years
of age at the time the offense is committed and the actor commits
the offense in a manner described by Subsection (a)(2)(A).
SECTION 3. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under:
(A) Section 21.11, [22.011, or 22.021,] Penal
Code, if the victim of the offense was younger than 14 years of age
at the time the offense was committed;
(B) Section 22.011, Penal Code, that is
punishable as a first or second degree felony; or
(C) Section 22.021, Penal Code;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
20A.03, 43.04, 43.05, or 43.25, Penal Code;
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, 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
(8) is convicted of an offense under Section 481.1123,
Health and Safety Code, if the offense is punishable under
Subsection (d), (e), or (f) of that section.
SECTION 4. Article 42A.102, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION
COMMUNITY SUPERVISION. (a) Subject to Subsection (b), a judge may
place on deferred adjudication community supervision a defendant
charged with an offense under Section 21.11 or [,] 22.011, [or
22.021,] Penal Code, regardless of the age of the victim, or a
defendant charged with a felony described by Article 42A.453(b)
only if the judge makes a finding in open court that placing the
defendant on deferred adjudication community supervision is in the
best interest of the victim. The failure of the judge to make a
finding under this subsection is not grounds for the defendant to
set aside the plea, deferred adjudication, or any subsequent
conviction or sentence.
(b) In all other cases, the judge may grant deferred
adjudication community supervision unless:
(1) the defendant is charged with an offense:
(A) under Section 20A.02, 20A.03, 49.045, 49.05,
49.065, 49.07, or 49.08, Penal Code;
(B) under Section 49.04 or 49.06, Penal Code,
and, at the time of the offense:
(i) the defendant held a commercial
driver's license or a commercial learner's permit; or
(ii) the defendant's alcohol concentration,
as defined by Section 49.01, Penal Code, was 0.15 or more;
(C) for which punishment may be increased under
Section 49.09, Penal Code;
(D) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections; or
(E) under Section 481.1123, Health and Safety
Code, that is punishable under Subsection (d), (e), or (f) of that
section;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, [22.021,] 43.04, or 43.05, Penal Code, regardless of
the age of the victim, or a felony described by Article 42A.453(b),
other than a felony described by Subdivision (1)(A) or (3)(C)
[(3)(B)] of this subsection; and
(B) has previously been placed on community
supervision for an offense under Paragraph (A);
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; [or]
(B) Section 22.011, Penal Code, that is
punishable as a first or second degree felony; or
(C) Section 22.021, Penal Code [, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3) or (4), Penal Code]; or
(4) the defendant is charged with an offense under
Section 19.02, Penal Code, except that the judge may grant deferred
adjudication community supervision on determining that the
defendant did not cause the death of the deceased, did not intend to
kill the deceased or another, and did not anticipate that a human
life would be taken.
SECTION 5. Article 42A.103(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In a felony case, the period of deferred adjudication
community supervision may not exceed 10 years. For a defendant
charged with a felony under Section 21.11 or [,] 22.011, [or
22.021,] Penal Code, regardless of the age of the victim, and for a
defendant charged with a felony described by Article 42A.453(b),
the period of deferred adjudication community supervision may not
be less than five years.
SECTION 6. Article 42A.105(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If a judge places on deferred adjudication community
supervision a defendant charged with an offense under Section 21.11
[or 22.011], Penal Code, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding
with the papers in the case if the judge determines that:
(1) at the time of the offense, the defendant was not
more than four years older than the victim or intended victim and
the victim or intended victim was at least 15 years of age; and
(2) the charge to which the plea is entered under this
subchapter is based solely on the ages of the defendant and the
victim or intended victim at the time of the offense.
SECTION 7. Article 42A.258(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If the defendant is a sex offender, other than a
defendant who has been convicted of, or has entered a plea of guilty
or nolo contendere for, a first or second degree felony under
Section 22.011, Penal Code, or an offense under Section 22.021,
Penal Code, the judge shall direct a supervision officer approved
by the community supervision and corrections department or the
judge, or a person, program, or other agency approved by the
council, to:
(1) evaluate the appropriateness of, and a course of
conduct necessary for, treatment, specialized supervision, or
rehabilitation of the defendant; and
(2) report the results of the evaluation to the judge.
SECTION 8. Article 42A.303(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The judge may impose the condition of community
supervision described by this article if:
(1) the defendant is charged with or convicted of a
felony other than:
(A) a felony under Section 21.11 or [,] 22.011,
[or 22.021,] Penal Code; or
(B) criminal attempt of a felony under Section
21.11, 22.011, or 22.021, Penal Code; and
(2) the judge makes an affirmative finding that:
(A) drug or alcohol abuse significantly
contributed to the commission of the offense or violation of a
condition of community supervision, as applicable; and
(B) the defendant is a suitable candidate for
treatment, as determined by the suitability criteria established by
the Texas Board of Criminal Justice under Section 493.009(b),
Government Code.
SECTION 9. Article 42A.453(b), Code of Criminal Procedure,
is amended to read as follows:
(b) This article applies to a defendant placed on community
supervision for an offense under:
(1) Section 20.04(a)(4), Penal Code, if the defendant
committed the offense with the intent to violate or abuse the victim
sexually;
(2) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code;
(3) Section 21.08, 21.11, [22.011, 22.021,] or 25.02,
Penal Code;
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the defendant committed the
offense with the intent to commit a felony listed in Subdivision (1)
or (3); or
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
SECTION 10. Article 42A.454(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only to a defendant who is required
to register as a sex offender under Chapter 62, by court order or
otherwise, and:
(1) is convicted of or receives a grant of deferred
adjudication community supervision for a violation of Section
21.11, [22.011(a)(2), 22.021(a)(1)(B),] 33.021, or 43.25, Penal
Code;
(2) used the Internet or any other type of electronic
device used for Internet access to commit the offense or engage in
the conduct for which the person is required to register under
Chapter 62; or
(3) is assigned a numeric risk level of two or three
based on an assessment conducted under Article 62.007.
SECTION 11. Article 42A.455, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
judge who grants community supervision to a defendant charged with
or convicted of an offense under Section 21.11 [or 22.011(a)(2)],
Penal Code, may require the defendant to pay a fine in an amount not
to exceed $50 to a children's advocacy center established under
Subchapter E, Chapter 264, Family Code.
SECTION 12. Article 42A.653(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A judge who grants community supervision to a defendant
convicted of an offense under Section 21.08, 21.11, 22.011,
[22.021,] 25.02, 43.25, or 43.26, Penal Code, shall require as a
condition of community supervision that the defendant pay to the
defendant's supervision officer a community supervision fine of $5
each month during the period of community supervision.
SECTION 13. Article 42A.752(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If after a hearing under Article 42A.751(d) a judge
continues or modifies community supervision after determining that
the defendant violated a condition of community supervision, the
judge may impose any other conditions the judge determines are
appropriate, including:
(1) a requirement that the defendant perform community
service for a number of hours specified by the court under Article
42A.304, or an increase in the number of hours that the defendant
has previously been required to perform under that article in an
amount not to exceed double the number of hours permitted by that
article;
(2) an extension of the period of community
supervision, in the manner described by Article 42A.753;
(3) an increase in the defendant's fine, in the manner
described by Subsection (b); or
(4) the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
(A) the defendant is convicted of a felony other
than:
(i) a felony under Section 21.11 or [,]
22.011, [or 22.021,] Penal Code; or
(ii) criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
(B) the judge makes an affirmative finding that:
(i) drug or alcohol abuse significantly
contributed to the commission of the offense or violation of a
condition of community supervision, as applicable; and
(ii) the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code.
SECTION 14. Article 42A.757(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If a defendant is placed on community supervision after
receiving a grant of deferred adjudication community supervision
for or being convicted of an offense under Section 21.11 or [,]
22.011, [or 22.021,] Penal Code, at any time during the period of
community supervision, the judge may extend the period of community
supervision as provided by this article.
SECTION 15. Section 508.145(d)(2), Government Code, is
amended to read as follows:
(2) An inmate described by Subdivision (1) is not
eligible for release on parole until the inmate's actual calendar
time served, without consideration of good conduct time, equals
one-half of the sentence or 30 calendar years, whichever is less,
but in no event is the inmate eligible for release on parole in less
than:
(A) 10 calendar years, for an inmate serving a
sentence for an offense under Section 22.011, Penal Code;
(B) 25 calendar years, for an inmate serving a
sentence for an offense under Section 22.021, Penal Code, except as
provided by Subsection (a)(3); or
(C) two calendar years, for an inmate serving a
sentence for any other offense to which this subsection applies.
SECTION 16. 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 17. This Act takes effect September 1, 2023.