89R13244 MZM-D
By: Leach H.B. No. 3165
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
sexual assault of a child and changing the eligibility for parole of
certain persons convicted of that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 22.011, if the offense is punishable under
Subsection (f)(1)(B) of that section;
(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 2. Section 22.011(f), Penal Code, is amended to
read as follows:
(f) An offense under this section is a felony of the second
degree, except that an offense under this section is:
(1) a felony of the first degree if [the victim was]:
(A) the victim was:
(i) a person whom the actor was prohibited
from marrying or purporting to marry or with whom the actor was
prohibited from living under the appearance of being married under
Section 25.01; or
(ii) [(B)] a person with whom the actor was
prohibited from engaging in sexual intercourse or deviate sexual
intercourse under Section 25.02; or
(B) the offense was committed under Subsection
(a)(2); or
(2) a state jail felony if the offense is committed
under Subsection (a)(1) and the actor has not received express
consent as described by Subsection (b)(12).
SECTION 3. 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 4. This Act takes effect September 1, 2025.