89R4193 MZM-D
By: Hull H.B. No. 1422
A BILL TO BE ENTITLED
AN ACT
relating to the rights of victims of sexual assault and other sex
offenses, the offense of continuous sexual abuse, and the
prosecution and punishment of certain sex offenses; creating a
criminal offense; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 420.0735, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) The reason or purpose for the release of evidence
described by Subsection (d)(2) may be limited to permit only the
acts of forensic DNA testing and DNA profile comparison in the
manner provided by Section 420.0736, regardless of whether a report
of the applicable offense is made to a law enforcement agency.
SECTION 2. Subchapter D, Chapter 420, Government Code, is
amended by adding Section 420.0736 to read as follows:
Sec. 420.0736. LIMITED CONSENT FOR DNA TESTING AND
COMPARISON OF CERTAIN EVIDENCE. (a) To encourage the reporting of
sexual assaults or other sex offenses that would otherwise remain
unreported and notwithstanding Sections 420.0431 and 420.0432, a
survivor or other person authorized to consent to the release of
evidence contained in an evidence collection kit under Section
420.0735 may choose to limit the scope of the consent under that
section to permit only the following acts undertaken in relation to
the collected evidence, without regard to whether a report of the
offense is made to a law enforcement agency:
(1) the performance of forensic DNA testing on
biological evidence contained in the evidence collection kit; and
(2) the comparison of a DNA profile obtained from the
biological evidence with DNA profiles maintained in:
(A) state databases, including the DNA database
system maintained under Subchapter G, Chapter 411, if the amount
and quality of the analyzed sample meet the requirements of the
state database system comparison policies; and
(B) the CODIS DNA database established by the
Federal Bureau of Investigation, if the amount and quality of the
analyzed sample meet the requirements of the bureau's CODIS
comparison policies.
(b) The department by rule shall adopt a form to enable a
survivor or other authorized person to provide the limited consent
described by this section. The form must include the following
statement: "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW
ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING AND DNA
PROFILE COMPARISON OF BIOLOGICAL EVIDENCE COLLECTED DURING YOUR
FORENSIC MEDICAL EXAMINATION. HOWEVER, IF YOU AUTHORIZE DNA
TESTING AND COMPARISON OF THE BIOLOGICAL EVIDENCE COLLECTED DURING
YOUR EXAMINATION, ANY RESULTS OF THE DNA TESTING AND COMPARISON MAY
BE SUBJECT TO USE IN A CRIMINAL INVESTIGATION OR TRIAL REGARDLESS OF
WHETHER YOU CHOOSE TO FILE A REPORT IN YOUR CASE."
(c) The department shall provide to the survivor or other
authorized person giving limited consent under Subsection (a)
notice regarding whether any matches are identified between the DNA
profile submitted to the department and DNA profiles contained in
the databases described by Subsection (a). The department may not
notify any other entity of the results of the DNA testing or
comparison and may not use those results for any reason or purpose
other than as permitted by this section, unless the department
first obtains additional written consent from the person for that
reason or purpose under Section 420.0735.
SECTION 3. Section 3.03(b), Penal Code, is amended to read
as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, [22.011, 22.021,] 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(2-a) an offense:
(A) under Section 22.011 or 22.021, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of more than one
section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of more than one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure;
(5) an offense:
(A) under Section 20A.02, 20A.03, or 43.05,
regardless of whether the accused is convicted of violations of the
same section more than once or is convicted of violations of more
than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of more than one section;
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section
22.04(a-1)(1) or (2) that is punishable as a felony of the first
degree, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) and punishable as described by that
paragraph, regardless of whether the accused is charged with
violations of the same section more than once or is charged with
violations of more than one section; or
(7) any combination of offenses listed in Subdivisions
(1)-(6).
SECTION 4. Section 12.42(c)(3), Penal Code, is amended to
read as follows:
(3) Notwithstanding Subdivision (1) or (2), a
defendant shall be punished for a capital felony if it is shown on
the trial of an offense under Section 22.021 otherwise punishable
under Subsection (f) of that section that the defendant has
previously been finally convicted of:
(A) an offense under Section 22.021 that was
committed against a victim described by Section 22.021(f) [Section
22.021(f)(1) or was committed against a victim described by Section
22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A)];
or
(B) an offense that was committed under the laws
of another state that:
(i) contains elements that are
substantially similar to the elements of an offense under Section
22.021; and
(ii) was committed against a victim
described by Section 22.021(f) [Section 22.021(f)(1) or was
committed against a victim described by Section 22.021(f)(2) and in
a manner substantially similar to a manner described by Section
22.021(a)(2)(A)].
SECTION 5. Sections 12.502(b), (c), and (d), Penal Code,
are amended to read as follows:
(b) Except as provided by Subsection (c), if it is shown on
the trial of an offense under Section 21.07, 21.08, or 21.15[, or
21.17] that the offense was committed in a location that was on the
premises of a postsecondary educational institution, the category
of punishment for the offense is increased to a higher category of
offense as follows:
(1) a Class C misdemeanor is increased to a Class B
misdemeanor;
(2) a Class B misdemeanor is increased to a Class A
misdemeanor;
(3) a Class A misdemeanor is increased to a state jail
felony; and
(4) a state jail felony is increased to a felony of the
third degree.
(c) For an offense otherwise punishable under Subsection
(b), if it is shown on the trial of the offense that the person has
been previously convicted twice of an offense under Section 21.07,
21.08, or 21.15 [, or 21.17] for which the punishment was increased
under Subsection (b), the category of punishment for the offense is
increased to a higher category of offense as follows:
(1) a Class C misdemeanor is increased to a Class A
misdemeanor;
(2) a Class B misdemeanor is increased to a state jail
felony;
(3) a Class A misdemeanor is increased to a felony of
the third degree; and
(4) a state jail felony is increased to a felony of the
second degree.
(d) If the punishment scheme for an offense under Section
21.07, 21.08, or 21.15 [, or 21.17] contains a specific enhancement
provision increasing punishment to a higher minimum term of
punishment than the minimum term required by the applicable higher
category of offense prescribed by Subsection (b) or (c), the
specific enhancement provision controls over this section.
SECTION 6. Chapter 21, Penal Code, is amended by adding
Section 21.03 to read as follows:
Sec. 21.03. CONTINUOUS SEXUAL ABUSE. (a) A person commits
an offense if:
(1) during a period that is 30 or more days in
duration, the person commits three or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 17 years of age or older and the victim
is:
(A) described by Section 21.02(b)(2); or
(B) any other person regardless of age or
disability, other than a victim who is:
(i) 14 years of age or older;
(ii) younger than 17 years of age; and
(iii) not more than three years younger
than the actor.
(b) For purposes of this section, "act of sexual abuse"
means any act that is a violation of one or more of the following
penal laws:
(1) aggravated kidnapping under Section 20.04(a)(4),
if the actor committed the offense with the intent to violate or
abuse the victim sexually;
(2) indecency with a child under Section 21.11(a)(1),
if the actor committed the offense in a manner other than by
touching, including touching through clothing, the breast of a
child;
(3) sexual assault under Section 22.011;
(4) aggravated sexual assault under Section 22.021;
(5) burglary under Section 30.02, if the offense is
punishable under Subsection (d) of that section and the actor
committed the offense with the intent to commit an offense listed in
Subdivisions (1)-(4);
(6) sexual performance by a child under Section 43.25;
(7) trafficking of persons under Section
20A.02(a)(3), (4), (7), or (8); and
(8) compelling prostitution under Section 43.05.
(c) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific acts of sexual
abuse were committed by the defendant or the exact date when those
acts were committed. The jury must agree unanimously that the
defendant, during a period that is 30 or more days in duration,
committed three or more acts of sexual abuse.
(d) A defendant may not be convicted in the same criminal
action of an offense listed under Subsection (b) the victim of which
is the same victim as a victim of the offense under Subsection (a)
unless the offense listed in Subsection (b):
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(e) A defendant may not be charged with more than one count
under Subsection (a) if all of the specific acts of sexual abuse
that are alleged to have been committed are alleged to have been
committed against a single victim.
(f) With respect to a prosecution under this section
involving only one or more victims younger than 17 years of age, it
is an affirmative defense to prosecution under this section that
the actor:
(1) was not more than five years older than:
(A) the victim of the offense, if the offense is
alleged to have been committed against only one victim; or
(B) the youngest victim of the offense, if the
offense is alleged to have been committed against more than one
victim;
(2) did not use duress, force, or a threat against a
victim at the time of the commission of any of the acts of sexual
abuse alleged as an element of the offense; and
(3) at the time of the commission of any of the acts of
sexual abuse alleged as an element of the offense:
(A) was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a
reportable conviction or adjudication for an offense under this
section or an act of sexual abuse as described by Subsection (c).
(g) An offense under this section is a felony of the first
degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life, or for any term of not more than 99 years
or less than 25 years.
(h) If conduct constituting an offense under this section
also constitutes an offense under Section 21.02, the actor may be
prosecuted under either section, but not both.
SECTION 7. Section 21.17, Penal Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (f) to
read as follows:
(b) Except as provided by Subsection (c) or (d), an offense
under this section is a Class A [C] misdemeanor.
(c) An offense under this section is a state jail felony
[Class B misdemeanor] if it is shown on the trial of the offense
that:
(1) the actor has previously been convicted [two or
more times] of an offense under this section;
(2) the victim was a child younger than 18 years of age
at the time of the offense; or
(3) the offense was committed in a location that was on
the premises of a postsecondary educational institution.
(d) An offense under this section is a [state jail] felony
of the third degree if it is shown on the trial of the offense that:
(1) the victim was a child younger than 18 [14] years
of age at the time of the offense; and
(2) the actor has previously been convicted of an
offense punishable under Subsection (c)(2).
(f) In this section, "postsecondary educational
institution" and "premises" have the meanings assigned by Section
12.502.
SECTION 8. Section 22.021(f), Penal Code, is amended to
read as follows:
(f) The minimum term of imprisonment for an offense under
this section is increased to 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 9. Not later than December 1, 2025, the Department
of Public Safety of the State of Texas shall adopt the form required
by Section 420.0736, Government Code, as added by this Act.
SECTION 10. The changes in law made by this Act apply 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 11. This Act takes effect September 1, 2025.