| 1 | 1 | | 89R13244 MZM-D |
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| 2 | 2 | | By: Leach H.B. No. 3165 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to increasing the criminal penalty for the offense of |
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| 10 | 10 | | sexual assault of a child and changing the eligibility for parole of |
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| 11 | 11 | | certain persons convicted of that offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 508.145(a), Government Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (a) An inmate is not eligible for release on parole if the |
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| 16 | 16 | | inmate is under sentence of death, serving a sentence of life |
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| 17 | 17 | | imprisonment without parole, or serving a sentence for any of the |
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| 18 | 18 | | following offenses under the Penal Code: |
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| 19 | 19 | | (1) Section 20A.03, if the offense is based partly or |
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| 20 | 20 | | wholly on conduct constituting an offense under Section |
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| 21 | 21 | | 20A.02(a)(5), (6), (7), or (8); |
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| 22 | 22 | | (2) Section 21.02; |
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| 23 | 23 | | (3) Section 22.011, if the offense is punishable under |
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| 24 | 24 | | Subsection (f)(1)(B) of that section; |
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| 25 | 25 | | (4) Section 22.021, if the offense is punishable under |
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| 26 | 26 | | Subsection (f) of that section; or |
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| 27 | 27 | | (5) [(4)] Section 51.03 or 51.04. |
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| 28 | 28 | | SECTION 2. Section 22.011(f), Penal Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (f) An offense under this section is a felony of the second |
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| 31 | 31 | | degree, except that an offense under this section is: |
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| 32 | 32 | | (1) a felony of the first degree if [the victim was]: |
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| 33 | 33 | | (A) the victim was: |
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| 34 | 34 | | (i) a person whom the actor was prohibited |
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| 35 | 35 | | from marrying or purporting to marry or with whom the actor was |
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| 36 | 36 | | prohibited from living under the appearance of being married under |
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| 37 | 37 | | Section 25.01; or |
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| 38 | 38 | | (ii) [(B)] a person with whom the actor was |
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| 39 | 39 | | prohibited from engaging in sexual intercourse or deviate sexual |
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| 40 | 40 | | intercourse under Section 25.02; or |
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| 41 | 41 | | (B) the offense was committed under Subsection |
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| 42 | 42 | | (a)(2); or |
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| 43 | 43 | | (2) a state jail felony if the offense is committed |
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| 44 | 44 | | under Subsection (a)(1) and the actor has not received express |
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| 45 | 45 | | consent as described by Subsection (b)(12). |
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| 46 | 46 | | SECTION 3. The changes in law made by this Act apply only to |
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| 47 | 47 | | an offense committed on or after the effective date of this Act. An |
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| 48 | 48 | | offense committed before the effective date of this Act is governed |
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| 49 | 49 | | by the law in effect on the date the offense was committed, and the |
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| 50 | 50 | | former law is continued in effect for that purpose. For purposes of |
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| 51 | 51 | | this section, an offense was committed before the effective date of |
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| 52 | 52 | | this Act if any element of the offense occurred before that date. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2025. |
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