Texas 2025 - 89th Regular

Texas House Bill HB1215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5109 LHC-D
2	2	By: Schatzline H.B. No. 1215
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offenses of indecency with a
10	10	child and sexual assault.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.11(a), Penal Code, is amended to read
13	13	as follows:
14	14	(a) A person commits an offense if, with a child younger
15	15	than 18 [17] years of age, whether the child is of the same or
16	16	opposite sex and regardless of whether the person knows the age of
17	17	the child at the time of the offense, the person:
18	18	(1) engages in sexual contact with the child or causes
19	19	the child to engage in sexual contact; or
20	20	(2) with intent to arouse or gratify the sexual desire
21	21	of any person:
22	22	(A) exposes the person's anus or any part of the
23	23	person's genitals, knowing the child is present; or
24	24	(B) causes the child to expose the child's anus
25	25	or any part of the child's genitals.
26	26	SECTION 2. Section 22.011(c)(1), Penal Code, is amended to
27	27	read as follows:
28	28	(1) "Child" means a person younger than 18 [17] years
29	29	of age.
30	30	SECTION 3. Section 1(1), Article 38.074, Code of Criminal
31	31	Procedure, is amended to read as follows:
32	32	(1) "Child" means a person younger than 17 years of age
33	33	[has the meaning assigned by Section 22.011(c), Penal Code].
34	34	SECTION 4. Article 42A.453(c), Code of Criminal Procedure,
35	35	is amended to read as follows:
36	36	(c) If a judge grants community supervision to a defendant
37	37	described by Subsection (b) and the judge determines that a child
38	38	younger than 17 years of age [as defined by Section 22.011(c), Penal
39	39	Code,] was the victim of the offense, the judge shall establish a
40	40	child safety zone applicable to the defendant by requiring as a
41	41	condition of community supervision that the defendant:
42	42	(1) not:
43	43	(A) supervise or participate in any program that:
44	44	(i) includes as participants or recipients
45	45	persons who are 17 years of age or younger; and
46	46	(ii) regularly provides athletic, civic, or
47	47	cultural activities; or
48	48	(B) go in, on, or within 1,000 feet of a premises
49	49	where children commonly gather, including a school, day-care
50	50	facility, playground, public or private youth center, public
51	51	swimming pool, video arcade facility, or general residential
52	52	operation operating as a residential treatment center; and
53	53	(2) attend psychological counseling sessions for sex
54	54	offenders with an individual or organization that provides sex
55	55	offender treatment or counseling as specified or approved by the
56	56	judge or the defendant's supervision officer.
57	57	SECTION 5. Section 508.187(b), Government Code, is amended
58	58	to read as follows:
59	59	(b) A parole panel shall establish a child safety zone
60	60	applicable to a releasee if the panel determines that a child
61	61	younger than 17 years of age [as defined by Section 22.011(c), Penal
62	62	Code,] was the victim of the offense, by requiring as a condition of
63	63	parole or mandatory supervision that the releasee:
64	64	(1) not:
65	65	(A) supervise or participate in any program that
66	66	includes as participants or recipients persons who are 17 years of
67	67	age or younger and that regularly provides athletic, civic, or
68	68	cultural activities; or
69	69	(B) go in, on, or within a distance specified by
70	70	the panel of premises where children commonly gather, including a
71	71	school, day-care facility, playground, public or private youth
72	72	center, public swimming pool, or video arcade facility; and
73	73	(2) attend for a period of time determined necessary
74	74	by the panel psychological counseling sessions for sex offenders
75	75	with an individual or organization that provides sex offender
76	76	treatment or counseling as specified by the parole officer
77	77	supervising the releasee after release.
78	78	SECTION 6. The changes in law made by this Act apply only to
79	79	an offense committed on or after the effective date of this Act. An
80	80	offense committed before the effective date of this Act is governed
81	81	by the law in effect on the date the offense was committed, and the
82	82	former law is continued in effect for that purpose. For purposes of
83	83	this section, an offense was committed before the effective date of
84	84	this Act if any element of the offense occurred before that date.
85	85	SECTION 7. This Act takes effect September 1, 2025.