Texas 2025 - 89th Regular

Texas House Bill HB1422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R24074 MZM-D
2		-	By: Hull, et al. H.B. No. 1422
3		-	Substitute the following for H.B. No. 1422:
4		-	By: Louderback C.S.H.B. No. 1422
	1	+	89R4193 MZM-D
	2	+	By: Hull H.B. No. 1422
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the rights of victims of sexual assault and other sex
12	10		offenses, the offense of continuous sexual abuse, and the
13		-	prosecution, punishment, and collateral consequences of certain
14		-	sex offenses; creating a criminal offense; increasing criminal
15		-	penalties; changing the eligibility for community supervision,
16		-	mandatory supervision, and parole for persons convicted of certain
17		-	sex offenses.
	11	+	prosecution and punishment of certain sex offenses; creating a
	12	+	criminal offense; increasing criminal penalties.
18	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19		-	SECTION 1. Section 42A.054(a), Code of Criminal Procedure,
20		-	is amended to read as follows:
21		-	(a) Article 42A.053 does not apply to a defendant adjudged
22		-	guilty of an offense under:
23		-	(1) Section 15.03, Penal Code, if the offense is
24		-	punishable as a felony of the first degree;
25		-	(2) Section 19.02, Penal Code (Murder);
26		-	(3) Section 19.03, Penal Code (Capital Murder);
27		-	(4) Section 20.04, Penal Code (Aggravated
28		-	Kidnapping);
29		-	(5) Section 20A.02, Penal Code (Trafficking of
30		-	Persons);
31		-	(6) Section 20A.03, Penal Code (Continuous
32		-	Trafficking of Persons);
33		-	(7) Section 21.11, Penal Code (Indecency with a
34		-	Child);
35		-	(8) Section 22.011, Penal Code (Sexual Assault);
36		-	(9) Section 22.021, Penal Code (Aggravated Sexual
37		-	Assault);
38		-	(10) Section 22.04(a)(1), Penal Code (Injury to a
39		-	Child, Elderly Individual, or Disabled Individual), if:
40		-	(A) the offense is punishable as a felony of the
41		-	first degree; and
42		-	(B) the victim of the offense is a child;
43		-	(11) Section 29.03, Penal Code (Aggravated Robbery);
44		-	(12) Section 30.02, Penal Code (Burglary), if:
45		-	(A) the offense is punishable under Subsection
46		-	(d) of that section; and
47		-	(B) the actor committed the offense with the
48		-	intent to commit a felony under Section 21.02, 21.03, 21.11,
49		-	22.011, 22.021, or 25.02, Penal Code;
50		-	(13) Section 43.04, Penal Code (Aggravated Promotion
51		-	of Prostitution);
52		-	(14) Section 43.05, Penal Code (Compelling
53		-	Prostitution);
54		-	(15) Section 43.25, Penal Code (Sexual Performance by
55		-	a Child);
56		-	(16) Section 43.26, Penal Code (Possession or
57		-	Promotion of Child Pornography);
58		-	(17) Chapter 481, Health and Safety Code, for which
59		-	punishment is increased under:
60		-	(A) Section 481.140 of that code (Use of Child in
61		-	Commission of Offense); or
62		-	(B) Section 481.134(c), (d), (e), or (f) of that
63		-	code (Drug-free Zones) if it is shown that the defendant has been
64		-	previously convicted of an offense for which punishment was
65		-	increased under any of those subsections; or
66		-	(18) Section 481.1123, Health and Safety Code
67		-	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
68		-	offense is punishable under Subsection (d), (e), or (f) of that
69		-	section.
70		-	SECTION 2. Article 42A.102(b), Code of Criminal Procedure,
71		-	is amended to read as follows:
72		-	(b) In all other cases, the judge may grant deferred
73		-	adjudication community supervision unless:
74		-	(1) the defendant is charged with an offense:
75		-	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
76		-	49.061, 49.065, 49.07, or 49.08, Penal Code;
77		-	(B) under Section 49.04 or 49.06, Penal Code,
78		-	and, at the time of the offense:
79		-	(i) the defendant held a commercial
80		-	driver's license or a commercial learner's permit; or
81		-	(ii) the defendant's alcohol concentration,
82		-	as defined by Section 49.01, Penal Code, was 0.15 or more;
83		-	(C) for which punishment may be increased under
84		-	Section 49.09, Penal Code;
85		-	(D) for which punishment may be increased under
86		-	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
87		-	is shown that the defendant has been previously convicted of an
88		-	offense for which punishment was increased under any one of those
89		-	subsections; or
90		-	(E) under Section 481.1123, Health and Safety
91		-	Code, that is punishable under Subsection (d), (e), or (f) of that
92		-	section;
93		-	(2) the defendant:
94		-	(A) is charged with an offense under Section
95		-	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
96		-	the age of the victim, or a felony described by Article 42A.453(b),
97		-	other than a felony described by Subdivision (1)(A) or (3)(B) of
98		-	this subsection; and
99		-	(B) has previously been placed on community
100		-	supervision for an offense under Paragraph (A);
101		-	(3) the defendant is charged with an offense under:
102		-	(A) Section 21.02, Penal Code; [or]
103		-	(B) Section 21.03, Penal Code; or
104		-	(C) Section 22.021, Penal Code, that is
105		-	punishable under Subsection (f) of that section or under Section
106		-	12.42(c)(3) or (4), Penal Code; or
107		-	(4) the defendant is charged with an offense under
108		-	Section 19.02, Penal Code, except that the judge may grant deferred
109		-	adjudication community supervision on determining that the
110		-	defendant did not cause the death of the deceased, did not intend to
111		-	kill the deceased or another, and did not anticipate that a human
112		-	life would be taken.
113		-	SECTION 3. Article 56A.306(a), Code of Criminal Procedure,
114		-	is amended to read as follows:
115		-	(a) The department, consistent with Chapter 420, Government
116		-	Code, shall develop procedures for the transfer, [and]
117		-	preservation, and testing of evidence collected during a forensic
118		-	medical examination for a sexual assault that was not reported to a
119		-	law enforcement agency, including procedures for:
120		-	(1) the transfer of the evidence to a crime laboratory
121		-	or other suitable location designated by the public safety director
122		-	of the department;
123		-	(2) the preservation of the evidence by the entity
124		-	receiving the evidence; [and]
125		-	(3) the notification of the survivor [victim] of the
126		-	offense through the statewide electronic tracking system before a
127		-	planned destruction of evidence under this article; and
128		-	(4) forensic DNA testing performed in accordance with
129		-	the limited consent of a survivor or other authorized person, as
130		-	described by Section 420.0736, Government Code.
131		-	SECTION 4. Articles 62.001(5) and (6), Code of Criminal
132		-	Procedure, are amended to read as follows:
133		-	(5) "Reportable conviction or adjudication" means a
134		-	conviction or adjudication, including an adjudication of
135		-	delinquent conduct or a deferred adjudication, that, regardless of
136		-	the pendency of an appeal, is a conviction for or an adjudication
137		-	for or based on:
138		-	(A) a violation of Section 21.02 (Continuous
139		-	sexual abuse of young child or disabled individual), 21.03
140		-	(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency
141		-	with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
142		-	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
143		-	(B) a violation of Section 43.04 (Aggravated
144		-	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
145		-	(Sexual performance by a child), or 43.26 (Possession or promotion
146		-	of child pornography), Penal Code;
147		-	(B-1) a violation of Section 43.021
148		-	(Solicitation of Prostitution), Penal Code, if the offense is
149		-	punishable as a felony of the second degree;
150		-	(C) a violation of Section 20.04(a)(4)
151		-	(Aggravated kidnapping), Penal Code, if the actor committed the
152		-	offense or engaged in the conduct with intent to violate or abuse
153		-	the victim sexually;
154		-	(D) a violation of Section 30.02 (Burglary),
155		-	Penal Code, if the offense or conduct is punishable under
156		-	Subsection (d) of that section and the actor committed the offense
157		-	or engaged in the conduct with intent to commit a felony listed in
158		-	Paragraph (A) or (C);
159		-	(E) a violation of Section 20.02 (Unlawful
160		-	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
161		-	Penal Code, if, as applicable:
162		-	(i) the judgment in the case contains an
163		-	affirmative finding under Article 42.015; or
164		-	(ii) the order in the hearing or the papers
165		-	in the case contain an affirmative finding that the victim or
166		-	intended victim was younger than 17 years of age;
167		-	(F) the second violation of Section 21.08
168		-	(Indecent exposure), Penal Code, but not if the second violation
169		-	results in a deferred adjudication;
170		-	(G) an attempt, conspiracy, or solicitation, as
171		-	defined by Chapter 15, Penal Code, to commit an offense or engage in
172		-	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
173		-	(H) a violation of the laws of another state,
174		-	federal law, the laws of a foreign country, or the Uniform Code of
175		-	Military Justice for or based on the violation of an offense
176		-	containing elements that are substantially similar to the elements
177		-	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
178		-	(G), (J), (K), or (L), but not if the violation results in a
179		-	deferred adjudication;
180		-	(I) the second violation of the laws of another
181		-	state, federal law, the laws of a foreign country, or the Uniform
182		-	Code of Military Justice for or based on the violation of an offense
183		-	containing elements that are substantially similar to the elements
184		-	of the offense of indecent exposure, but not if the second violation
185		-	results in a deferred adjudication;
186		-	(J) a violation of Section 33.021 (Online
187		-	solicitation of a minor), Penal Code;
188		-	(K) a violation of Section 20A.02(a)(3), (4),
189		-	(7), or (8) (Trafficking of persons), Penal Code; or
190		-	(L) a violation of Section 20A.03 (Continuous
191		-	trafficking of persons), Penal Code, if the offense is based partly
192		-	or wholly on conduct that constitutes an offense under Section
193		-	20A.02(a)(3), (4), (7), or (8) of that code.
194		-	(6) "Sexually violent offense" means any of the
195		-	following offenses committed by a person 17 years of age or older:
196		-	(A) an offense under Section 21.02 (Continuous
197		-	sexual abuse of young child or disabled individual), 21.03
198		-	(Continuous sexual abuse), 21.11(a)(1) (Indecency with a child),
199		-	22.011 (Sexual assault), or 22.021 (Aggravated sexual assault),
200		-	Penal Code;
201		-	(B) an offense under Section 43.25 (Sexual
202		-	performance by a child), Penal Code;
203		-	(C) an offense under Section 20.04(a)(4)
204		-	(Aggravated kidnapping), Penal Code, if the defendant committed the
205		-	offense with intent to violate or abuse the victim sexually;
206		-	(D) an offense under Section 30.02 (Burglary),
207		-	Penal Code, if the offense is punishable under Subsection (d) of
208		-	that section and the defendant committed the offense with intent to
209		-	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
210		-	or
211		-	(E) an offense under the laws of another state,
212		-	federal law, the laws of a foreign country, or the Uniform Code of
213		-	Military Justice if the offense contains elements that are
214		-	substantially similar to the elements of an offense listed under
215		-	Paragraph (A), (B), (C), or (D).
216		-	SECTION 5. Section 420.0735, Government Code, is amended by
	14	+	SECTION 1. Section 420.0735, Government Code, is amended by
217	15		adding Subsection (g) to read as follows:
218	16		(g) The reason or purpose for the release of evidence
219	17		described by Subsection (d)(2) may be limited to permit only the
220		-	acts of forensic DNA testing ~~by the department~~ in the ~~manner~~
221		-	provided by Section 420.0736, regardless of whether a report ~~of the~~
222		-	applicable offense is made to a law enforcement agency.
223		-	SECTION 6. Subchapter D, Chapter 420, Government Code, is
	18	+	acts of forensic DNA testing and DNA profile comparison in the
	19	+	manner provided by Section 420.0736, regardless of whether a report
	20	+	of the applicable offense is made to a law enforcement agency.
	21	+	SECTION 2. Subchapter D, Chapter 420, Government Code, is
224	22		amended by adding Section 420.0736 to read as follows:
225		-	Sec. 420.0736. LIMITED CONSENT FOR DNA TESTING OF CERTAIN
226		-	EVIDENCE. (a) To encourage the reporting of sexual assaults or
227		-	other sex offenses that would otherwise remain unreported and
228		-	notwithstanding Sections 420.0431 and 420.0432, a survivor or other
229		-	person authorized to consent to the release of evidence contained
230		-	in an evidence collection kit under Section 420.0735 may choose to
231		-	limit the scope of the consent under that section to only permit,
232		-	without regard to whether a report of the offense is made to a law
233		-	enforcement agency, the performance of forensic DNA testing by the
234		-	department on biological evidence contained in the evidence
235		-	collection kit.
	23	+	Sec. 420.0736. LIMITED CONSENT FOR DNA TESTING AND
	24	+	COMPARISON OF CERTAIN EVIDENCE. (a) To encourage the reporting of
	25	+	sexual assaults or other sex offenses that would otherwise remain
	26	+	unreported and notwithstanding Sections 420.0431 and 420.0432, a
	27	+	survivor or other person authorized to consent to the release of
	28	+	evidence contained in an evidence collection kit under Section
	29	+	420.0735 may choose to limit the scope of the consent under that
	30	+	section to permit only the following acts undertaken in relation to
	31	+	the collected evidence, without regard to whether a report of the
	32	+	offense is made to a law enforcement agency:
	33	+	(1) the performance of forensic DNA testing on
	34	+	biological evidence contained in the evidence collection kit; and
	35	+	(2) the comparison of a DNA profile obtained from the
	36	+	biological evidence with DNA profiles maintained in:
	37	+	(A) state databases, including the DNA database
	38	+	system maintained under Subchapter G, Chapter 411, if the amount
	39	+	and quality of the analyzed sample meet the requirements of the
	40	+	state database system comparison policies; and
	41	+	(B) the CODIS DNA database established by the
	42	+	Federal Bureau of Investigation, if the amount and quality of the
	43	+	analyzed sample meet the requirements of the bureau's CODIS
	44	+	comparison policies.
236	45		(b) The department by rule shall adopt a form to enable a
237	46		survivor or other authorized person to provide the limited consent
238	47		described by this section. The form must include the following
239	48		statement: "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW
240		-	ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING OF
241		-	BIOLOGICAL EVIDENCE COLLECTED DURING YOUR FORENSIC MEDICAL
242		-	EXAMINATION. HOWEVER, IF YOU AUTHORIZE FORENSIC DNA TESTING OF THE
243		-	BIOLOGICAL EVIDENCE COLLECTED DURING YOUR EXAMINATION WITHOUT
244		-	REPORTING THE OFFENSE TO LAW ENFORCEMENT, ANY RESULTS OF THE
245		-	FORENSIC DNA TESTING WILL NOT BE COMPARED TO DNA PROFILES
246		-	MAINTAINED IN DNA DATABASES AND WILL NOT BE SUBJECT TO USE IN A
247		-	CRIMINAL INVESTIGATION OR TRIAL."
	49	+	ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING AND DNA
	50	+	PROFILE COMPARISON OF BIOLOGICAL EVIDENCE COLLECTED DURING YOUR
	51	+	FORENSIC MEDICAL EXAMINATION. HOWEVER, IF YOU AUTHORIZE DNA
	52	+	TESTING AND COMPARISON OF THE BIOLOGICAL EVIDENCE COLLECTED DURING
	53	+	YOUR EXAMINATION, ANY RESULTS OF THE DNA TESTING AND COMPARISON MAY
	54	+	BE SUBJECT TO USE IN A CRIMINAL INVESTIGATION OR TRIAL REGARDLESS OF
	55	+	WHETHER YOU CHOOSE TO FILE A REPORT IN YOUR CASE."
248	56		(c) The department shall provide to the survivor or other
249		-	authorized person who provides limited consent to forensic DNA
250		-	testing, as described by Subsection (a), the results of the
251		-	forensic DNA testing through the statewide electronic tracking
252		-	system established under Section 420.034. The department may not
253		-	notify any other entity of the results of the forensic DNA testing
254		-	and may not use those results for any other reason or purpose,
255		-	unless the department first obtains additional written consent from
256		-	the person for that reason or purpose under Section 420.0735.
257		-	(d) The department shall provide to the survivor or other
258		-	authorized person who provides limited consent to forensic DNA
259		-	testing, as described by Subsection (a), information regarding how
260		-	to report an offense to a law enforcement agency in order to have
261		-	the results of the forensic DNA testing compared to DNA profiles
262		-	maintained in DNA databases and used in a criminal investigation or
263		-	trial.
264		-	SECTION 7. Section 499.027(b), Government Code, is amended
265		-	to read as follows:
266		-	(b) An inmate is not eligible under this subchapter to be
267		-	considered for release to intensive supervision parole if:
268		-	(1) the inmate is awaiting transfer to the
269		-	institutional division, or serving a sentence, for an offense for
270		-	which the judgment contains an affirmative finding under Article
271		-	42A.054(c) or (d), Code of Criminal Procedure;
272		-	(2) the inmate is awaiting transfer to the
273		-	institutional division, or serving a sentence, for an offense
274		-	listed in one of the following sections of the Penal Code:
275		-	(A) Section 19.02 (murder);
276		-	(B) Section 19.03 (capital murder);
277		-	(C) Section 19.04 (manslaughter);
278		-	(D) Section 20.03 (kidnapping);
279		-	(E) Section 20.04 (aggravated kidnapping);
280		-	(F) Section 21.11 (indecency with a child);
281		-	(G) Section 22.011 (sexual assault);
282		-	(H) Section 22.02 (aggravated assault);
283		-	(I) Section 22.021 (aggravated sexual assault);
284		-	(J) Section 22.04 (injury to a child, elderly
285		-	individual, or disabled individual);
286		-	(K) Section 25.02 (prohibited sexual conduct);
287		-	(L) Section 25.08 (sale or purchase of a child);
288		-	(M) Section 28.02 (arson);
289		-	(N) Section 29.02 (robbery);
290		-	(O) Section 29.03 (aggravated robbery);
291		-	(P) Section 30.02 (burglary), if the offense is
292		-	punished as a first-degree felony under that section;
293		-	(Q) Section 43.04 (aggravated promotion of
294		-	prostitution);
295		-	(R) Section 43.05 (compelling prostitution);
296		-	(S) Section 43.24 (sale, distribution, or
297		-	display of harmful material to minor);
298		-	(T) Section 43.25 (sexual performance by a
299		-	child);
300		-	(U) Section 46.10 (deadly weapon in penal
301		-	institution);
302		-	(V) Section 15.01 (criminal attempt), if the
303		-	offense attempted is listed in this subsection;
304		-	(W) Section 15.02 (criminal conspiracy), if the
305		-	offense that is the subject of the conspiracy is listed in this
306		-	subsection;
307		-	(X) Section 15.03 (criminal solicitation), if
308		-	the offense solicited is listed in this subsection;
309		-	(Y) Section 21.02 (continuous sexual abuse of
310		-	young child or disabled individual);
311		-	(Z) Section 20A.02 (trafficking of persons);
312		-	(AA) Section 20A.03 (continuous trafficking of
313		-	persons); [or]
314		-	(BB) Section 43.041 (aggravated online promotion
315		-	of prostitution); or
316		-	(CC) Section 21.03 (continuous sexual abuse); or
317		-	(3) the inmate is awaiting transfer to the
318		-	institutional division, or serving a sentence, for an offense under
319		-	Chapter 481, Health and Safety Code, punishable by a minimum term of
320		-	imprisonment or a maximum fine that is greater than the minimum term
321		-	of imprisonment or the maximum fine for a first degree felony.
322		-	SECTION 8. Section 508.145(a), Government Code, is amended
323		-	to read as follows:
324		-	(a) An inmate is not eligible for release on parole if the
325		-	inmate is under sentence of death, serving a sentence of life
326		-	imprisonment without parole, or serving a sentence for any of the
327		-	following offenses under the Penal Code:
328		-	(1) Section 20A.03, if the offense is based partly or
329		-	wholly on conduct constituting an offense under Section
330		-	20A.02(a)(5), (6), (7), or (8);
331		-	(2) Section 21.02;
332		-	(3) Section 21.03;
333		-	(4) Section 22.021, if the offense is punishable under
334		-	Subsection (f) of that section; or
335		-	(5) [(4)] Section 51.03 or 51.04.
336		-	SECTION 9. Section 508.149(a), Government Code, is amended
337		-	to read as follows:
338		-	(a) An inmate may not be released to mandatory supervision
339		-	if the inmate is serving a sentence for or has been previously
340		-	convicted of:
341		-	(1) an offense for which the judgment contains an
342		-	affirmative finding under Article 42A.054(c) or (d), Code of
343		-	Criminal Procedure;
344		-	(2) a first degree felony or a second degree felony
345		-	under Section 19.02, Penal Code;
346		-	(3) a capital felony under Section 19.03, Penal Code;
347		-	(4) a first degree felony or a second degree felony
348		-	under Section 20.04, Penal Code;
349		-	(5) an offense under Section 21.11, Penal Code;
350		-	(6) a felony under Section 22.011, Penal Code;
351		-	(7) a first degree felony or a second degree felony
352		-	under Section 22.02, Penal Code;
353		-	(8) a first degree felony under Section 22.021, Penal
354		-	Code;
355		-	(9) a first degree felony under Section 22.04, Penal
356		-	Code;
357		-	(10) a first degree felony under Section 28.02, Penal
358		-	Code;
359		-	(11) a second degree felony under Section 29.02, Penal
360		-	Code;
361		-	(12) a first degree felony under Section 29.03, Penal
362		-	Code;
363		-	(13) a first degree felony under Section 30.02, Penal
364		-	Code;
365		-	(14) a felony for which the punishment is increased
366		-	under Section 481.134 or 481.140, Health and Safety Code;
367		-	(15) an offense under Section 43.25, Penal Code;
368		-	(16) an offense under Section 21.02, Penal Code;
369		-	(17) a first degree felony under Section 15.03, Penal
370		-	Code;
371		-	(18) an offense under Section 43.05, Penal Code;
372		-	(19) an offense under Section 20A.02, Penal Code;
373		-	(20) an offense under Section 20A.03, Penal Code;
374		-	(21) a first degree felony under Section 71.02 or
375		-	71.023, Penal Code;
376		-	(22) an offense under Section 481.1123, Health and
377		-	Safety Code, punished under Subsection (d), (e), or (f) of that
378		-	section;
379		-	(23) a second degree felony under Section 22.01, Penal
380		-	Code; [or]
381		-	(24) an offense under Section 22.01, Penal Code,
382		-	punished under Subsection (b)(2), (7), or (8) of that section; or
383		-	(25) an offense under Section 21.03, Penal Code.
384		-	SECTION 10. Section 508.151(a), Government Code, is amended
385		-	to read as follows:
386		-	(a) For the purpose of diverting inmates to halfway houses
387		-	under Section 508.118, a parole panel, after reviewing all
388		-	available pertinent information, may designate a presumptive
389		-	parole date for an inmate who:
390		-	(1) has never been convicted of an offense listed
391		-	under Article 42A.054(a), Code of Criminal Procedure, or an offense
392		-	under Section 21.02 or 21.03, Penal Code; and
393		-	(2) has never had a conviction with a judgment that
394		-	contains an affirmative finding under Article 42A.054(c) or (d),
395		-	Code of Criminal Procedure.
396		-	SECTION 11. Section 508.189(a), Government Code, is amended
397		-	to read as follows:
398		-	(a) A parole panel shall require as a condition of parole or
399		-	mandatory supervision that a releasee convicted of an offense under
400		-	Section 21.02, 21.03, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25,
401		-	or 43.26, Penal Code, pay to the division a parole supervision fee
402		-	of $5 each month during the period of parole supervision.
403		-	SECTION 12. Section 3.03(b), Penal Code, is amended to read
	57	+	authorized person giving limited consent under Subsection (a)
	58	+	notice regarding whether any matches are identified between the DNA
	59	+	profile submitted to the department and DNA profiles contained in
	60	+	the databases described by Subsection (a). The department may not
	61	+	notify any other entity of the results of the DNA testing or
	62	+	comparison and may not use those results for any reason or purpose
	63	+	other than as permitted by this section, unless the department
	64	+	first obtains additional written consent from the person for that
	65	+	reason or purpose under Section 420.0735.
	66	+	SECTION 3. Section 3.03(b), Penal Code, is amended to read
404	67		as follows:
405	68		(b) If the accused is found guilty of more than one offense
406	69		arising out of the same criminal episode, the sentences may run
407	70		concurrently or consecutively if each sentence is for a conviction
408	71		of:
409	72		(1) an offense:
410	73		(A) under Section 49.07 or 49.08, regardless of
411	74		whether the accused is convicted of violations of the same section
412	75		more than once or is convicted of violations of both sections; or
413	76		(B) for which a plea agreement was reached in a
414	77		case in which the accused was charged with more than one offense
415	78		listed in Paragraph (A), regardless of whether the accused is
416	79		charged with violations of the same section more than once or is
417	80		charged with violations of both sections;
418	81		(2) an offense:
419	82		(A) under Section 33.021 or an offense under
420	83		Section 21.02, 21.11, [22.011, 22.021,] 25.02, or 43.25 committed
421	84		against a victim younger than 17 years of age at the time of the
422	85		commission of the offense regardless of whether the accused is
423	86		convicted of violations of the same section more than once or is
424	87		convicted of violations of more than one section; or
425	88		(B) for which a plea agreement was reached in a
426	89		case in which the accused was charged with more than one offense
427	90		listed in Paragraph (A) committed against a victim younger than 17
428	91		years of age at the time of the commission of the offense regardless
429	92		of whether the accused is charged with violations of the same
430	93		section more than once or is charged with violations of more than
431	94		one section;
432	95		(2-a) an offense:
433	96		(A) under Section 22.011 or 22.021, regardless of
434	97		whether the accused is convicted of violations of the same section
435	98		more than once or is convicted of violations of more than one
436	99		section; or
437	100		(B) for which a plea agreement was reached in a
438	101		case in which the accused was charged with more than one offense
439	102		listed in Paragraph (A), regardless of whether the accused is
440	103		charged with violations of the same section more than once or is
441	104		charged with violations of more than one section;
442	105		(3) an offense:
443	106		(A) under Section 21.15 or 43.26, regardless of
444	107		whether the accused is convicted of violations of the same section
445	108		more than once or is convicted of violations of both sections; or
446	109		(B) for which a plea agreement was reached in a
447	110		case in which the accused was charged with more than one offense
448	111		listed in Paragraph (A), regardless of whether the accused is
449	112		charged with violations of the same section more than once or is
450	113		charged with violations of both sections;
451	114		(4) an offense for which the judgment in the case
452	115		contains an affirmative finding under Article 42.0197, Code of
453	116		Criminal Procedure;
454	117		(5) an offense:
455	118		(A) under Section 20A.02, 20A.03, or 43.05,
456	119		regardless of whether the accused is convicted of violations of the
457	120		same section more than once or is convicted of violations of more
458	121		than one section; or
459	122		(B) for which a plea agreement was reached in a
460	123		case in which the accused was charged with more than one offense
461	124		listed in Paragraph (A), regardless of whether the accused is
462	125		charged with violations of the same section more than once or is
463	126		charged with violations of more than one section;
464	127		(6) an offense:
465	128		(A) under Section 22.04(a)(1) or (2) or Section
466	129		22.04(a-1)(1) or (2) that is punishable as a felony of the first
467	130		degree, regardless of whether the accused is convicted of
468	131		violations of the same section more than once or is convicted of
469	132		violations of more than one section; or
470	133		(B) for which a plea agreement was reached in a
471	134		case in which the accused was charged with more than one offense
472	135		listed in Paragraph (A) and punishable as described by that
473	136		paragraph, regardless of whether the accused is charged with
474	137		violations of the same section more than once or is charged with
475	138		violations of more than one section; or
476	139		(7) any combination of offenses listed in Subdivisions
477	140		(1)-(6).
478		-	SECTION 13. Section 12.35(c), Penal Code, is amended to
	141	+	SECTION 4. Section 12.42(c)(3), Penal Code, is amended to
479	142		read as follows:
480		-	(c) An individual adjudged guilty of a state jail felony
481		-	shall be punished for a third degree felony if it is shown on the
482		-	trial of the offense that:
483		-	(1) a deadly weapon as defined by Section 1.07 was used
484		-	or exhibited during the commission of the offense or during
485		-	immediate flight following the commission of the offense, and that
486		-	the individual used or exhibited the deadly weapon or was a party to
487		-	the offense and knew that a deadly weapon would be used or
488		-	exhibited; or
489		-	(2) the individual has previously been finally
490		-	convicted of any felony:
491		-	(A) under Section 21.02 or 21.03 or listed in
492		-	Article 42A.054(a), Code of Criminal Procedure; or
493		-	(B) for which the judgment contains an
494		-	affirmative finding under Article 42A.054(c) or (d), Code of
495		-	Criminal Procedure.
496		-	SECTION 14. Section 12.42(c)(2), Penal Code, is amended to
497		-	read as follows:
498		-	(2) Notwithstanding Subdivision (1), a defendant
499		-	shall be punished by imprisonment in the Texas Department of
500		-	Criminal Justice for life if:
501		-	(A) the defendant is convicted of an offense:
502		-	(i) under Section 20A.02(a)(7) or (8),
503		-	21.11(a)(1), 22.021, or 22.011, Penal Code;
504		-	(ii) under Section 20.04(a)(4), Penal Code,
505		-	if the defendant committed the offense with the intent to violate or
506		-	abuse the victim sexually; or
507		-	(iii) under Section 30.02, Penal Code,
508		-	punishable under Subsection (d) of that section, if the defendant
509		-	committed the offense with the intent to commit a felony described
510		-	by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
511		-	Code; and
512		-	(B) the defendant has been previously convicted
513		-	of an offense:
514		-	(i) under Section 43.25 or 43.26, Penal
515		-	Code, or an offense under Section 43.23, Penal Code, punishable
516		-	under Subsection (h) of that section;
517		-	(ii) under Section 20A.02(a)(7) or (8),
518		-	21.02, 21.03, 21.11, 22.011, 22.021, or 25.02, Penal Code;
519		-	(iii) under Section 20.04(a)(4), Penal
520		-	Code, if the defendant committed the offense with the intent to
521		-	violate or abuse the victim sexually;
522		-	(iv) under Section 30.02, Penal Code,
523		-	punishable under Subsection (d) of that section, if the defendant
524		-	committed the offense with the intent to commit a felony described
525		-	by Subparagraph (ii) or (iii); or
526		-	(v) under the laws of another state
527		-	containing elements that are substantially similar to the elements
528		-	of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
529		-	SECTION 15. Sections 12.502(b), (c), and (d), Penal Code,
	143	+	(3) Notwithstanding Subdivision (1) or (2), a
	144	+	defendant shall be punished for a capital felony if it is shown on
	145	+	the trial of an offense under Section 22.021 otherwise punishable
	146	+	under Subsection (f) of that section that the defendant has
	147	+	previously been finally convicted of:
	148	+	(A) an offense under Section 22.021 that was
	149	+	committed against a victim described by Section 22.021(f) [Section
	150	+	22.021(f)(1) or was committed against a victim described by Section
	151	+	22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A)];
	152	+	or
	153	+	(B) an offense that was committed under the laws
	154	+	of another state that:
	155	+	(i) contains elements that are
	156	+	substantially similar to the elements of an offense under Section
	157	+	22.021; and
	158	+	(ii) was committed against a victim
	159	+	described by Section 22.021(f) [Section 22.021(f)(1) or was
	160	+	committed against a victim described by Section 22.021(f)(2) and in
	161	+	a manner substantially similar to a manner described by Section
	162	+	22.021(a)(2)(A)].
	163	+	SECTION 5. Sections 12.502(b), (c), and (d), Penal Code,
530	164		are amended to read as follows:
531	165		(b) Except as provided by Subsection (c), if it is shown on
532	166		the trial of an offense under Section 21.07, 21.08, or 21.15[, or
533	167		21.17] that the offense was committed in a location that was on the
534	168		premises of a postsecondary educational institution, the category
535	169		of punishment for the offense is increased to a higher category of
536	170		offense as follows:
537	171		(1) a Class C misdemeanor is increased to a Class B
538	172		misdemeanor;
539	173		(2) a Class B misdemeanor is increased to a Class A
540	174		misdemeanor;
541	175		(3) a Class A misdemeanor is increased to a state jail
542	176		felony; and
543	177		(4) a state jail felony is increased to a felony of the
544	178		third degree.
545	179		(c) For an offense otherwise punishable under Subsection
546	180		(b), if it is shown on the trial of the offense that the person has
547	181		been previously convicted twice of an offense under Section 21.07,
548	182		21.08, or 21.15 [, or 21.17] for which the punishment was increased
549	183		under Subsection (b), the category of punishment for the offense is
550	184		increased to a higher category of offense as follows:
551	185		(1) a Class C misdemeanor is increased to a Class A
552	186		misdemeanor;
553	187		(2) a Class B misdemeanor is increased to a state jail
554	188		felony;
555	189		(3) a Class A misdemeanor is increased to a felony of
556	190		the third degree; and
557	191		(4) a state jail felony is increased to a felony of the
558	192		second degree.
559	193		(d) If the punishment scheme for an offense under Section
560	194		21.07, 21.08, or 21.15 [, or 21.17] contains a specific enhancement
561	195		provision increasing punishment to a higher minimum term of
562	196		punishment than the minimum term required by the applicable higher
563	197		category of offense prescribed by Subsection (b) or (c), the
564	198		specific enhancement provision controls over this section.
565		-	SECTION 16. Section 15.031(b), Penal Code, is amended to
566		-	read as follows:
567		-	(b) A person commits an offense if, with intent that an
568		-	offense under Section 20A.02(a)(7) or (8), 21.02, 21.03, 21.11,
569		-	22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed,
570		-	the person by any means requests, commands, or attempts to induce a
571		-	minor or another whom the person believes to be a minor to engage in
572		-	specific conduct that, under the circumstances surrounding the
573		-	actor's conduct as the actor believes them to be, would constitute
574		-	an offense under one of those sections or would make the minor or
575		-	other believed by the person to be a minor a party to the commission
576		-	of an offense under one of those sections.
577		-	SECTION 17. Section 15.032(b), Penal Code, is amended to
578		-	read as follows:
579		-	(b) An offense under this section is a felony of the third
580		-	degree, except that the offense is a felony of the second degree if
581		-	the actor has previously been convicted of an offense under:
582		-	(1) Chapter 20A, if the offense involved conduct
583		-	described by Section 20A.02(a)(7) or (8);
584		-	(2) Section 21.02;
585		-	(3) Section 21.03;
586		-	(4) Section 21.11;
587		-	(5) [(4)] Section 22.011, if the victim of the offense
588		-	was a child under 18 years of age; or
589		-	(6) [(5)] Section 22.021, if the victim of the offense
590		-	was a child under 18 years of age.
591		-	SECTION 18. Chapter 21, Penal Code, is amended by adding
	199	+	SECTION 6. Chapter 21, Penal Code, is amended by adding
592	200		Section 21.03 to read as follows:
593	201		Sec. 21.03. CONTINUOUS SEXUAL ABUSE. (a) A person commits
594	202		an offense if:
595	203		(1) during a period that is 30 or more days in
596		-	duration, the person commits two or more acts of sexual abuse
597		-	against two or more victims; and
	204	+	duration, the person commits three or more acts of sexual abuse,
	205	+	regardless of whether the acts of sexual abuse are committed
	206	+	against one or more victims; and
598	207		(2) at the time of the commission of each of the acts
599		-	of sexual abuse, the actor is 17 years of age or older.
	208	+	of sexual abuse, the actor is 17 years of age or older and the victim
	209	+	is:
	210	+	(A) described by Section 21.02(b)(2); or
	211	+	(B) any other person regardless of age or
	212	+	disability, other than a victim who is:
	213	+	(i) 14 years of age or older;
	214	+	(ii) younger than 17 years of age; and
	215	+	(iii) not more than three years younger
	216	+	than the actor.
600	217		(b) For purposes of this section, "act of sexual abuse"
601	218		means any act that is a violation of one or more of the following
602	219		penal laws:
603	220		(1) aggravated kidnapping under Section 20.04(a)(4),
604	221		if the actor committed the offense with the intent to violate or
605	222		abuse the victim sexually;
606	223		(2) indecency with a child under Section 21.11(a)(1),
607	224		if the actor committed the offense in a manner other than by
608	225		touching, including touching through clothing, the breast of a
609	226		child;
610	227		(3) sexual assault under Section 22.011;
611	228		(4) aggravated sexual assault under Section 22.021;
612	229		(5) burglary under Section 30.02, if the offense is
613	230		punishable under Subsection (d) of that section and the actor
614	231		committed the offense with the intent to commit an offense listed in
615	232		Subdivisions (1)-(4);
616	233		(6) sexual performance by a child under Section 43.25;
617	234		(7) trafficking of persons under Section
618	235		20A.02(a)(3), (4), (7), or (8); and
619	236		(8) compelling prostitution under Section 43.05.
620	237		(c) If a jury is the trier of fact, members of the jury are
621	238		not required to agree unanimously on which specific acts of sexual
622	239		abuse were committed by the defendant or the exact date when those
623	240		acts were committed. The jury must agree unanimously that the
624	241		defendant, during a period that is 30 or more days in duration,
625		-	committed two or more acts of sexual abuse against two or more
626		-	victims.
	242	+	committed three or more acts of sexual abuse.
627	243		(d) A defendant may not be convicted in the same criminal
628	244		action of an offense listed under Subsection (b) the victim of which
629	245		is the same victim as a victim of the offense under Subsection (a)
630	246		unless the offense listed in Subsection (b):
631	247		(1) is charged in the alternative;
632	248		(2) occurred outside the period in which the offense
633	249		alleged under Subsection (a) was committed; or
634	250		(3) is considered by the trier of fact to be a lesser
635	251		included offense of the offense alleged under Subsection (a).
636	252		(e) A defendant may not be charged with more than one count
637	253		under Subsection (a) if all of the specific acts of sexual abuse
638	254		that are alleged to have been committed are alleged to have been
639		-	committed against ~~only two victims~~.
	255	+	committed against a single victim.
640	256		(f) With respect to a prosecution under this section
641		-	involving only ~~two~~ or more victims younger than 17 years of age, it
	257	+	involving only one or more victims younger than 17 years of age, it
642	258		is an affirmative defense to prosecution under this section that
643	259		the actor:
644		-	(1) was not more than five years older than the
645		-	youngest victim of the offense;
	260	+	(1) was not more than five years older than:
	261	+	(A) the victim of the offense, if the offense is
	262	+	alleged to have been committed against only one victim; or
	263	+	(B) the youngest victim of the offense, if the
	264	+	offense is alleged to have been committed against more than one
	265	+	victim;
646	266		(2) did not use duress, force, or a threat against a
647	267		victim at the time of the commission of any of the acts of sexual
648	268		abuse alleged as an element of the offense; and
649	269		(3) at the time of the commission of any of the acts of
650	270		sexual abuse alleged as an element of the offense:
651	271		(A) was not required under Chapter 62, Code of
652	272		Criminal Procedure, to register for life as a sex offender; or
653	273		(B) was not a person who under Chapter 62 had a
654	274		reportable conviction or adjudication for an offense under this
655		-	section or an act of sexual abuse as described by Subsection (b).
	275	+	section or an act of sexual abuse as described by Subsection (c).
656	276		(g) An offense under this section is a felony of the first
657		-	degree.
658		-	SECTION 19. Section 21.17, Penal Code, is amended by
	277	+	degree, punishable by imprisonment in the Texas Department of
	278	+	Criminal Justice for life, or for any term of not more than 99 years
	279	+	or less than 25 years.
	280	+	(h) If conduct constituting an offense under this section
	281	+	also constitutes an offense under Section 21.02, the actor may be
	282	+	prosecuted under either section, but not both.
	283	+	SECTION 7. Section 21.17, Penal Code, is amended by
659	284		amending Subsections (b), (c), and (d) and adding Subsection (f) to
660	285		read as follows:
661	286		(b) Except as provided by Subsection (c) or (d), an offense
662	287		under this section is a Class A [C] misdemeanor.
663	288		(c) An offense under this section is a state jail felony
664	289		[Class B misdemeanor] if it is shown on the trial of the offense
665	290		that:
666	291		(1) the actor has previously been convicted [two or
667	292		more times] of an offense under this section;
668	293		(2) the victim was a child younger than 18 years of age
669	294		at the time of the offense; or
670	295		(3) the offense was committed in a location that was on
671	296		the premises of a postsecondary educational institution.
672	297		(d) An offense under this section is a [state jail] felony
673	298		of the third degree if it is shown on the trial of the offense that:
674	299		(1) the victim was a child younger than 18 [14] years
675	300		of age at the time of the offense; and
676	301		(2) the actor has previously been convicted of an
677	302		offense punishable under Subsection (c)(2).
678	303		(f) In this section, "postsecondary educational
679	304		institution" and "premises" have the meanings assigned by Section
680	305		12.502.
681		-	SECTION 20. Section 21.18(b), Penal Code, is amended to
682		-	read as follows:
683		-	(b) A person commits an offense if the person intentionally
684		-	threatens, including by coercion or extortion, to commit an offense
685		-	under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
686		-	21.03, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021
687		-	to obtain, in return for not committing the threatened offense or in
688		-	connection with the threatened offense, any of the following
689		-	benefits:
690		-	(1) intimate visual material;
691		-	(2) an act involving sexual conduct causing arousal or
692		-	gratification; or
693		-	(3) a monetary benefit or other benefit of value.
694		-	SECTION 21. Section 22.021(f), Penal Code, is amended to
	306	+	SECTION 8. Section 22.021(f), Penal Code, is amended to
695	307		read as follows:
696	308		(f) The minimum term of imprisonment for an offense under
697		-	this section is increased to 25 years if:
698		-	(1) the victim of the offense is younger than ~~11 [~~six]
	309	+	this section is increased to 25 years if[:
	310	+	[(1) the victim of the offense is younger than six
699	311		years of age at the time the offense is committed; or
700		-	(2) the victim of the offense is younger than 14 ~~years~~
701		-	of age at the time the offense is committed and the actor ~~commits~~
702		-	the offense in a manner described by Subsection (a)(2)(A).
703		-	SECTION 22. Not later than December 1, 2025, the Department
	312	+	[(2)] the victim of the offense is younger than 14
	313	+	years of age at the time the offense is committed [and the actor
	314	+	commits the offense in a manner described by Subsection (a)(2)(A)].
	315	+	SECTION 9. Not later than December 1, 2025, the Department
704	316		of Public Safety of the State of Texas shall adopt the form required
705	317		by Section 420.0736, Government Code, as added by this Act.
706		-	SECTION 23. (a) Except as provided by Subsection (b) of
707		-	this section, the changes in law made by this Act apply only to an
708		-	offense committed on or after the effective date of this Act. An
709		-	offense committed before the effective date of this Act is governed
710		-	by the law in effect on the date the offense was committed, and the
711		-	former law is continued in effect for that purpose. For purposes of
712		-	this subsection, an offense was committed before the effective date
713		-	of this Act if any element of the offense occurred before that date.
714		-	(b) Article 56A.306, Code of Criminal Procedure, and
715		-	Section 420.0735, Government Code, as amended by this Act, and
716		-	Section 420.0736, Government Code, as added by this Act, apply only
717		-	to biological evidence collected on or after December 1, 2025.
718		-	Biological evidence collected before December 1, 2025, is governed
719		-	by the law in effect on the date the evidence was collected, and the
720		-	former law is continued in effect for that purpose.
721		-	SECTION 24. This Act takes effect September 1, 2025.
	318	+	SECTION 10. The changes in law made by this Act apply only
	319	+	to an offense committed on or after the effective date of this Act.
	320	+	An offense committed before the effective date of this Act is
	321	+	governed by the law in effect on the date the offense was committed,
	322	+	and the former law is continued in effect for that purpose. For
	323	+	purposes of this section, an offense was committed before the
	324	+	effective date of this Act if any element of the offense occurred
	325	+	before that date.
	326	+	SECTION 11. This Act takes effect September 1, 2025.