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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of indecency with a |
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child and sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.11(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with a child younger |
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than 18 [17] years of age, whether the child is of the same or |
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opposite sex and regardless of whether the person knows the age of |
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the child at the time of the offense, the person: |
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(1) engages in sexual contact with the child or causes |
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the child to engage in sexual contact; or |
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(2) with intent to arouse or gratify the sexual desire |
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of any person: |
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(A) exposes the person's anus or any part of the |
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person's genitals, knowing the child is present; or |
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(B) causes the child to expose the child's anus |
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or any part of the child's genitals. |
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SECTION 2. Section 22.011(c)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Child" means a person younger than 18 [17] years |
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of age. |
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SECTION 3. Section 1(1), Article 38.074, Code of Criminal |
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Procedure, is amended to read as follows: |
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(1) "Child" means a person younger than 17 years of age |
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[has the meaning assigned by Section 22.011(c), Penal Code]. |
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SECTION 4. Article 42A.453(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) If a judge grants community supervision to a defendant |
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described by Subsection (b) and the judge determines that a child |
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younger than 17 years of age [as defined by Section 22.011(c), Penal |
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Code,] was the victim of the offense, the judge shall establish a |
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child safety zone applicable to the defendant by requiring as a |
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condition of community supervision that the defendant: |
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(1) not: |
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(A) supervise or participate in any program that: |
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(i) includes as participants or recipients |
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persons who are 17 years of age or younger; and |
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(ii) regularly provides athletic, civic, or |
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cultural activities; or |
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(B) go in, on, or within 1,000 feet of a premises |
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where children commonly gather, including a school, day-care |
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facility, playground, public or private youth center, public |
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swimming pool, video arcade facility, or general residential |
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operation operating as a residential treatment center; and |
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(2) attend psychological counseling sessions for sex |
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offenders with an individual or organization that provides sex |
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offender treatment or counseling as specified or approved by the |
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judge or the defendant's supervision officer. |
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SECTION 5. Section 508.187(b), Government Code, is amended |
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to read as follows: |
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(b) A parole panel shall establish a child safety zone |
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applicable to a releasee if the panel determines that a child |
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younger than 17 years of age [as defined by Section 22.011(c), Penal |
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Code,] was the victim of the offense, by requiring as a condition of |
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parole or mandatory supervision that the releasee: |
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(1) not: |
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(A) supervise or participate in any program that |
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includes as participants or recipients persons who are 17 years of |
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age or younger and that regularly provides athletic, civic, or |
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cultural activities; or |
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(B) go in, on, or within a distance specified by |
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the panel of premises where children commonly gather, including a |
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school, day-care facility, playground, public or private youth |
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center, public swimming pool, or video arcade facility; and |
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(2) attend for a period of time determined necessary |
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by the panel psychological counseling sessions for sex offenders |
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with an individual or organization that provides sex offender |
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treatment or counseling as specified by the parole officer |
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supervising the releasee after release. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |