89R24074 MZM-D
By: Hull, et al. H.B. No. 1422
Substitute the following for H.B. No. 1422:
By: Louderback C.S.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, punishment, and collateral consequences of certain
sex offenses; creating a criminal offense; increasing criminal
penalties; changing the eligibility for community supervision,
mandatory supervision, and parole for persons convicted of certain
sex offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 20A.03, Penal Code (Continuous
Trafficking of Persons);
(7) Section 21.11, Penal Code (Indecency with a
Child);
(8) Section 22.011, Penal Code (Sexual Assault);
(9) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(10) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(11) Section 29.03, Penal Code (Aggravated Robbery);
(12) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.03, 21.11,
22.011, 22.021, or 25.02, Penal Code;
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) Section 43.25, Penal Code (Sexual Performance by
a Child);
(16) Section 43.26, Penal Code (Possession or
Promotion of Child Pornography);
(17) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) 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
(18) Section 481.1123, Health and Safety Code
(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
offense is punishable under Subsection (d), (e), or (f) of that
section.
SECTION 2. Article 42A.102(b), Code of Criminal Procedure,
is amended to read as follows:
(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,
49.061, 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)(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 21.03, Penal Code; 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 3. Article 56A.306(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The department, consistent with Chapter 420, Government
Code, shall develop procedures for the transfer, [and]
preservation, and testing of evidence collected during a forensic
medical examination for a sexual assault that was not reported to a
law enforcement agency, including procedures for:
(1) the transfer of the evidence to a crime laboratory
or other suitable location designated by the public safety director
of the department;
(2) the preservation of the evidence by the entity
receiving the evidence; [and]
(3) the notification of the survivor [victim] of the
offense through the statewide electronic tracking system before a
planned destruction of evidence under this article; and
(4) forensic DNA testing performed in accordance with
the limited consent of a survivor or other authorized person, as
described by Section 420.0736, Government Code.
SECTION 4. Articles 62.001(5) and (6), Code of Criminal
Procedure, are amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.03
(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency
with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.021
(Solicitation of Prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.02 (Continuous
sexual abuse of young child or disabled individual), 21.03
(Continuous sexual abuse), 21.11(a)(1) (Indecency with a child),
22.011 (Sexual assault), or 22.021 (Aggravated sexual assault),
Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 5. 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 by the department 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 6. 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 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 only permit,
without regard to whether a report of the offense is made to a law
enforcement agency, the performance of forensic DNA testing by the
department on biological evidence contained in the evidence
collection kit.
(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 OF
BIOLOGICAL EVIDENCE COLLECTED DURING YOUR FORENSIC MEDICAL
EXAMINATION. HOWEVER, IF YOU AUTHORIZE FORENSIC DNA TESTING OF THE
BIOLOGICAL EVIDENCE COLLECTED DURING YOUR EXAMINATION WITHOUT
REPORTING THE OFFENSE TO LAW ENFORCEMENT, ANY RESULTS OF THE
FORENSIC DNA TESTING WILL NOT BE COMPARED TO DNA PROFILES
MAINTAINED IN DNA DATABASES AND WILL NOT BE SUBJECT TO USE IN A
CRIMINAL INVESTIGATION OR TRIAL."
(c) The department shall provide to the survivor or other
authorized person who provides limited consent to forensic DNA
testing, as described by Subsection (a), the results of the
forensic DNA testing through the statewide electronic tracking
system established under Section 420.034. The department may not
notify any other entity of the results of the forensic DNA testing
and may not use those results for any other reason or purpose,
unless the department first obtains additional written consent from
the person for that reason or purpose under Section 420.0735.
(d) The department shall provide to the survivor or other
authorized person who provides limited consent to forensic DNA
testing, as described by Subsection (a), information regarding how
to report an offense to a law enforcement agency in order to have
the results of the forensic DNA testing compared to DNA profiles
maintained in DNA databases and used in a criminal investigation or
trial.
SECTION 7. Section 499.027(b), Government Code, is amended
to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Article
42A.054(c) or (d), Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection;
(Y) Section 21.02 (continuous sexual abuse of
young child or disabled individual);
(Z) Section 20A.02 (trafficking of persons);
(AA) Section 20A.03 (continuous trafficking of
persons); [or]
(BB) Section 43.041 (aggravated online promotion
of prostitution); or
(CC) Section 21.03 (continuous sexual abuse); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 8. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses under the Penal Code:
(1) Section 20A.03, if the offense is based partly or
wholly on conduct constituting an offense under Section
20A.02(a)(5), (6), (7), or (8);
(2) Section 21.02;
(3) Section 21.03;
(4) Section 22.021, if the offense is punishable under
Subsection (f) of that section; or
(5) [(4)] Section 51.03 or 51.04.
SECTION 9. Section 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code;
(17) a first degree felony under Section 15.03, Penal
Code;
(18) an offense under Section 43.05, Penal Code;
(19) an offense under Section 20A.02, Penal Code;
(20) an offense under Section 20A.03, Penal Code;
(21) a first degree felony under Section 71.02 or
71.023, Penal Code;
(22) an offense under Section 481.1123, Health and
Safety Code, punished under Subsection (d), (e), or (f) of that
section;
(23) a second degree felony under Section 22.01, Penal
Code; [or]
(24) an offense under Section 22.01, Penal Code,
punished under Subsection (b)(2), (7), or (8) of that section; or
(25) an offense under Section 21.03, Penal Code.
SECTION 10. Section 508.151(a), Government Code, is amended
to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Article 42A.054(a), Code of Criminal Procedure, or an offense
under Section 21.02 or 21.03, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Article 42A.054(c) or (d),
Code of Criminal Procedure.
SECTION 11. Section 508.189(a), Government Code, is amended
to read as follows:
(a) A parole panel shall require as a condition of parole or
mandatory supervision that a releasee convicted of an offense under
Section 21.02, 21.03, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25,
or 43.26, Penal Code, pay to the division a parole supervision fee
of $5 each month during the period of parole supervision.
SECTION 12. 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 13. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 21.02 or 21.03 or listed in
Article 42A.054(a), Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure.
SECTION 14. Section 12.42(c)(2), Penal Code, is amended to
read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.02(a)(7) or (8),
21.11(a)(1), 22.021, or 22.011, Penal Code;
(ii) under Section 20.04(a)(4), Penal Code,
if the defendant committed the offense with the intent to violate or
abuse the victim sexually; or
(iii) under 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 described
by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 20A.02(a)(7) or (8),
21.02, 21.03, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under 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 described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
SECTION 15. 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 16. Section 15.031(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if, with intent that an
offense under Section 20A.02(a)(7) or (8), 21.02, 21.03, 21.11,
22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed,
the person by any means requests, commands, or attempts to induce a
minor or another whom the person believes to be a minor to engage in
specific conduct that, under the circumstances surrounding the
actor's conduct as the actor believes them to be, would constitute
an offense under one of those sections or would make the minor or
other believed by the person to be a minor a party to the commission
of an offense under one of those sections.
SECTION 17. Section 15.032(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor has previously been convicted of an offense under:
(1) Chapter 20A, if the offense involved conduct
described by Section 20A.02(a)(7) or (8);
(2) Section 21.02;
(3) Section 21.03;
(4) Section 21.11;
(5) [(4)] Section 22.011, if the victim of the offense
was a child under 18 years of age; or
(6) [(5)] Section 22.021, if the victim of the offense
was a child under 18 years of age.
SECTION 18. 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 two or more acts of sexual abuse
against two 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.
(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 two or more acts of sexual abuse against two or more
victims.
(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 only two victims.
(f) With respect to a prosecution under this section
involving only two 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 the
youngest victim of the offense;
(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 (b).
(g) An offense under this section is a felony of the first
degree.
SECTION 19. 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 20. Section 21.18(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if the person intentionally
threatens, including by coercion or extortion, to commit an offense
under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,
21.03, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021
to obtain, in return for not committing the threatened offense or in
connection with the threatened offense, any of the following
benefits:
(1) intimate visual material;
(2) an act involving sexual conduct causing arousal or
gratification; or
(3) a monetary benefit or other benefit of value.
SECTION 21. 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 11 [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 22. 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 23. (a) Except as provided by Subsection (b) of
this section, 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 subsection, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) Article 56A.306, Code of Criminal Procedure, and
Section 420.0735, Government Code, as amended by this Act, and
Section 420.0736, Government Code, as added by this Act, apply only
to biological evidence collected on or after December 1, 2025.
Biological evidence collected before December 1, 2025, is governed
by the law in effect on the date the evidence was collected, and the
former law is continued in effect for that purpose.
SECTION 24. This Act takes effect September 1, 2025.