Texas 2025 - 89th Regular

Texas Senate Bill SB20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Flores, et al. S.B. No. 20
2		-
3		-
	2	+	(In the Senate - Filed February 24, 2025; February 26, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 6, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 6, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the creation of the criminal offense of possession or
9	12		promotion of obscene visual material appearing to depict a child.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended
12	15		by adding Section 43.235 to read as follows:
13	16		Sec. 43.235. POSSESSION OR PROMOTION OF OBSCENE VISUAL
14	17		MATERIAL APPEARING TO DEPICT CHILD. (a) In this section:
15	18		(1) "Promote" has the meaning assigned by Section
16	19		43.25.
17	20		(2) "Visual material" has the meaning assigned by
18	21		Section 43.26.
19	22		(b) A person commits an offense if the person knowingly
20	23		possesses, accesses with intent to view, or promotes obscene visual
21	24		material containing a depiction that appears to be of a child
22	25		younger than 18 years of age engaging in activities described by
23	26		Section 43.21(a)(1)(B), regardless of whether the depiction is an
24	27		image of an actual child, a cartoon or animation, or an image
25	28		created using an artificial intelligence application or other
26	29		computer software.
27	30		(c) An offense under this section is a state jail felony,
28	31		except that the offense is:
29	32		(1) a felony of the third degree if it is shown on the
30	33		trial of the offense that the person has been previously convicted
31	34		one time of an offense under this section or Section 43.23, 43.26,
32	35		43.261, or 43.262; or
33	36		(2) a felony of the second degree if it is shown on the
34	37		trial of the offense that the person has been previously convicted
35	38		two or more times of an offense under this section, Section 43.23,
36	39		43.26, 43.261, or 43.262, or any combination of those offenses.
37	40		(d) If conduct constituting an offense under this section
38	41		also constitutes an offense under another law, the actor may be
39		-	prosecuted under this section, the other law, or both.
40		-	SECTION 2. Section 3.03(b), Penal Code, is amended to read
41		-	as follows:
42		-	(b) If the accused is found guilty of more than one offense
43		-	arising out of the same criminal episode, the sentences may run
44		-	concurrently or consecutively if each sentence is for a conviction
45		-	of:
46		-	(1) an offense:
47		-	(A) under Section 49.07 or 49.08, regardless of
48		-	whether the accused is convicted of violations of the same section
49		-	more than once or is convicted of violations of both sections; or
50		-	(B) for which a plea agreement was reached in a
51		-	case in which the accused was charged with more than one offense
52		-	listed in Paragraph (A), regardless of whether the accused is
53		-	charged with violations of the same section more than once or is
54		-	charged with violations of both sections;
55		-	(2) an offense:
56		-	(A) under Section 33.021 or an offense under
57		-	Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
58		-	against a victim younger than 17 years of age at the time of the
59		-	commission of the offense regardless of whether the accused is
60		-	convicted of violations of the same section more than once or is
61		-	convicted of violations of more than one section; or
62		-	(B) for which a plea agreement was reached in a
63		-	case in which the accused was charged with more than one offense
64		-	listed in Paragraph (A) committed against a victim younger than 17
65		-	years of age at the time of the commission of the offense regardless
66		-	of whether the accused is charged with violations of the same
67		-	section more than once or is charged with violations of more than
68		-	one section;
69		-	(3) an offense:
70		-	(A) under Section 21.15 or 43.26, regardless of
71		-	whether the accused is convicted of violations of the same section
72		-	more than once or is convicted of violations of both sections; or
73		-	(B) for which a plea agreement was reached in a
74		-	case in which the accused was charged with more than one offense
75		-	listed in Paragraph (A), regardless of whether the accused is
76		-	charged with violations of the same section more than once or is
77		-	charged with violations of both sections;
78		-	(4) an offense for which the judgment in the case
79		-	contains an affirmative finding under Article 42.0197, Code of
80		-	Criminal Procedure;
81		-	(5) an offense:
82		-	(A) under Section 20A.02, 20A.03, or 43.05,
83		-	regardless of whether the accused is convicted of violations of the
84		-	same section more than once or is convicted of violations of more
85		-	than one section; or
86		-	(B) for which a plea agreement was reached in a
87		-	case in which the accused was charged with more than one offense
88		-	listed in Paragraph (A), regardless of whether the accused is
89		-	charged with violations of the same section more than once or is
90		-	charged with violations of more than one section;
91		-	(6) an offense:
92		-	(A) under Section 22.04(a)(1) or (2) or Section
93		-	22.04(a-1)(1) or (2) that is punishable as a felony of the first
94		-	degree, regardless of whether the accused is convicted of
95		-	violations of the same section more than once or is convicted of
96		-	violations of more than one section; or
97		-	(B) for which a plea agreement was reached in a
98		-	case in which the accused was charged with more than one offense
99		-	listed in Paragraph (A) and punishable as described by that
100		-	paragraph, regardless of whether the accused is charged with
101		-	violations of the same section more than once or is charged with
102		-	violations of more than one section; [or]
103		-	(7) an offense under Section 43.235 or an offense for
104		-	which a plea agreement was reached in a case in which the accused
105		-	was charged with more than one offense under Section 43.235; or
106		-	(8) any combination of offenses listed in Subdivisions
107		-	(1)-(7) [(1)-(6)].
108		-	SECTION 3. Section 71.02(a), Penal Code, as amended by
	42	+	prosecuted under this section or the other law, but not both.
	43	+	SECTION 2. Section 71.02(a), Penal Code, as amended by
109	44		Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.
110	45		4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular
111	46		Session, 2023, is reenacted and amended to read as follows:
112	47		(a) A person commits an offense if, with the intent to
113	48		establish, maintain, or participate in a combination or in the
114	49		profits of a combination or as a member of a criminal street gang or
115	50		foreign terrorist organization, the person commits or conspires to
116	51		commit one or more of the following:
117	52		(1) murder, capital murder, arson, aggravated
118	53		robbery, robbery, burglary, theft, aggravated kidnapping,
119	54		kidnapping, aggravated assault, aggravated sexual assault, sexual
120	55		assault, continuous sexual abuse of young child or disabled
121	56		individual, solicitation of a minor, forgery, deadly conduct,
122	57		assault punishable as a Class A misdemeanor, burglary of a motor
123	58		vehicle, or unauthorized use of a motor vehicle;
124	59		(2) any gambling offense punishable as a Class A
125	60		misdemeanor;
126	61		(3) promotion of prostitution, aggravated promotion
127	62		of prostitution, or compelling prostitution;
128	63		(4) unlawful manufacture, transportation, repair, or
129	64		sale of firearms or prohibited weapons;
130	65		(5) unlawful manufacture, delivery, dispensation, or
131	66		distribution of a controlled substance or dangerous drug, or
132	67		unlawful possession of a controlled substance or dangerous drug:
133	68		(A) through forgery, fraud, misrepresentation,
134	69		or deception; or
135	70		(B) with the intent to deliver the controlled
136	71		substance or dangerous drug;
137	72		(5-a) causing the unlawful delivery, dispensation, or
138	73		distribution of a controlled substance or dangerous drug in
139	74		violation of Subtitle B, Title 3, Occupations Code;
140	75		[(5-b) any unlawful possession with intent to deliver
141	76		a controlled substance or dangerous drug;
142	77		[(5-b) unlawful possession with intent to deliver a
143	78		controlled substance listed in Penalty Group 1-B under Section
144	79		481.1022, Health and Safety Code;]
145	80		(6) any unlawful wholesale promotion or possession of
146	81		any obscene material or obscene device with the intent to wholesale
147	82		promote the same;
148	83		(7) any offense under Subchapter B, Chapter 43,
149	84		depicting or involving conduct by or directed toward a child
150	85		younger than 18 years of age;
151	86		(8) any felony offense under Chapter 32;
152	87		(9) any offense under Chapter 36;
153	88		(10) any offense under Chapter 34, 35, or 35A;
154	89		(11) any offense under Section 37.11(a);
155	90		(12) any offense under Chapter 20A;
156	91		(13) any offense under Section 37.10;
157	92		(14) any offense under Section 38.06, 38.07, 38.09, or
158	93		38.11;
159	94		(15) any offense under Section 42.10;
160	95		(16) any offense under Section 43.235;
161	96		(17) any offense under Section 46.06(a)(1) or 46.14;
162	97		(18) [(17)] any offense under Section 20.05, 20.06, or
163	98		20.07;
164	99		(19) [(18)] any offense under Section 16.02;
165	100		(20) [(19)] any offense punishable under Section
166	101		42.03(d) or (e);
167	102		(21) [(19)] an offense under Section 28.03 that is
168	103		punishable under Subsection (b)(4)(E) of that section;
169	104		(22) [(20)] an offense under Section 31.21 that is
170	105		punishable under Subsection (d) of that section; [or]
171	106		(23) [(20)] any offense classified as a felony under
172	107		the Tax Code; or
173	108		(24) [(21)] any offense under Section 545.420,
174	109		Transportation Code.
175		-	SECTION 4. The change in law made by this Act applies only
	110	+	SECTION 3. The change in law made by this Act applies only
176	111		to an offense committed on or after the effective date of this Act.
177	112		An offense committed before the effective date of this Act is
178	113		governed by the law in effect on the date the offense was committed,
179	114		and the former law is continued in effect for that purpose. For
180	115		purposes of this section, an offense was committed before the
181	116		effective date of this Act if any element of the offense occurred
182	117		before that date.
183		-	SECTION 5. This Act takes effect September 1, 2025.
	118	+	SECTION 4. This Act takes effect September 1, 2025.
	119	+	* * * * *