88R1367 MEW-D
 
  By: Springer S.B. No. 129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution and punishment for possession of child
  pornography; increasing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3.03(b), Penal Code, is amended to read
  as follows:
         (b)  If the accused is found guilty of more than one offense
  arising out of the same criminal episode, the sentences may run
  concurrently or consecutively if each sentence is for a conviction
  of:
               (1)  an offense:
                     (A)  under Section 49.07 or 49.08, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of both sections;
               (2)  an offense:
                     (A)  under Section 33.021 or an offense under
  Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
  against a victim younger than 17 years of age at the time of the
  commission of the offense regardless of whether the accused is
  convicted of violations of the same section more than once or is
  convicted of violations of more than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A) committed against a victim younger than 17
  years of age at the time of the commission of the offense regardless
  of whether the accused is charged with violations of the same
  section more than once or is charged with violations of more than
  one section;
               (3)  an offense:
                     (A)  under Section 21.15 [or 43.26, regardless of
  whether the accused is convicted of violations of the same section
  more than once or is convicted of violations of both sections]; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  under Section 21.15 [listed in Paragraph (A), regardless of whether
  the accused is charged with violations of the same section more than
  once or is charged with violations of both sections];
               (4)  an offense for which the judgment in the case
  contains an affirmative finding under Article 42.0197, Code of
  Criminal Procedure;
               (5)  an offense:
                     (A)  under Section 20A.02, 20A.03, or 43.05,
  regardless of whether the accused is convicted of violations of the
  same section more than once or is convicted of violations of more
  than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A), regardless of whether the accused is
  charged with violations of the same section more than once or is
  charged with violations of more than one section;
               (6)  an offense:
                     (A)  under Section 22.04(a)(1) or (2) or Section
  22.04(a-1)(1) or (2) that is punishable as a felony of the first
  degree, regardless of whether the accused is convicted of
  violations of the same section more than once or is convicted of
  violations of more than one section; or
                     (B)  for which a plea agreement was reached in a
  case in which the accused was charged with more than one offense
  listed in Paragraph (A) and punishable as described by that
  paragraph, regardless of whether the accused is charged with
  violations of the same section more than once or is charged with
  violations of more than one section; or
               (7)  any combination of offenses listed in Subdivisions
  (1)-(6).
         SECTION 2.  Section 43.26, Penal Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  An offense under Subsection (a) is:
               (1)  a felony of the third degree if the person
  possesses visual material that contains fewer than 100 visual
  depictions of a child as described by Subsection (a)(1);
               (2)  [, except that the offense is:
               [(1)] a felony of the second degree if [it is shown on
  the trial of the offense that] the person possesses visual material
  that contains 100 or more visual depictions of a child as described
  by Subsection (a)(1) but fewer than 500 such depictions [has been
  previously convicted one time of an offense under that subsection];
               (3)  [and
               [(2)] a felony of the first degree if [it is shown on the
  trial of the offense that] the person possesses visual material
  that contains 500 or more visual depictions of a child as described
  by Subsection (a)(1); or
               (4)  a felony of the first degree punishable by
  imprisonment in the Texas Department of Criminal Justice for life
  or for any term of not more than 99 years or less than 25 years if it
  is shown on the trial of the offense that, at the time of the
  offense, the person was:
                     (A)  an employee at a child-care facility or a
  residential child-care facility, as those terms are defined by
  Section 42.002, Human Resources Code;
                     (B)  an employee at a residential treatment
  facility established under Section 221.056, Human Resources Code;
                     (C)  an employee at a shelter or facility that
  serves youth and that receives state funds; or
                     (D)  receiving state funds for the care of a child
  depicted by the visual material [has been previously convicted two
  or more times of an offense under that subsection].
         (d-1)  If it is shown on the trial of an offense under
  Subsection (a) that the visual material depicted a child younger
  than 10 years of age at the time the image of the child was made or
  that the defendant has been previously convicted of an offense
  under that subsection:
               (1)  an offense described for purposes of punishment by
  Subsection (d)(1) or (2) is increased to the next higher category of
  offense; or
               (2)  the minimum term of confinement for an offense
  described for purposes of punishment by Subsection (d)(3) is
  increased to 15 years.
         SECTION 3.  The change in law made by this Act applies 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, 2023.