88R467 AJZ-D
 
  By: Johnson of Dallas, Morales of Harris, H.B. No. 55
      Rogers, Leach, Cook
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the criminal offense of indecent
  assault; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.012, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if it is shown on the trial of
  the offense that:
                     (A)  the defendant has been previously convicted
  of an offense under this section, other than an offense punishable
  under Paragraph (B); or
                     (B)  the defendant is a health care services
  provider or a mental health services provider and the act is:
                           (i)  committed during the course of
  providing a treatment or service to the victim; and
                           (ii)  beyond the scope of generally accepted
  practices for the treatment or service; or
               (2)  a felony of the third degree if it is shown on the
  trial of the offense that the defendant has been previously
  convicted of an offense under this section that is punishable under
  Subdivision (1)(B).
         (d)  In this section, "health care services provider" and
  "mental health services provider" have the meanings assigned by
  Section 22.011.
         SECTION 2.  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 3.  This Act takes effect September 1, 2023.