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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment for possession or |
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promotion of child pornography; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if: |
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(i) during the investigation of the offense |
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biological matter is collected and the matter: |
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(a) has not yet been subjected to |
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forensic DNA testing; or |
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(b) has been subjected to forensic DNA |
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testing and the testing results show that the matter does not match |
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the victim or any other person whose identity is readily |
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ascertained; or |
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(ii) probable cause exists to believe that |
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the defendant has committed the same or a similar sex offense |
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against five or more victims; |
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(D) continuous sexual abuse of young child or |
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disabled individual under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; |
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(H) continuous trafficking of persons under |
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Section 20A.03, Penal Code; or |
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(I) compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which the public servant exercises control in the |
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public servant's official capacity; |
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(C) forgery or the uttering, using, or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1) or (7); |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) fraudulent securing of document execution; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(H) exploitation of a child, elderly individual, |
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or disabled individual under Section 32.53, Penal Code; |
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(I) health care fraud under Section 35A.02, Penal |
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Code; [or] |
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(J) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); or |
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(K) possession or promotion of child pornography |
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under Section 43.26, Penal Code; |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; or |
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(C) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; |
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(7) two years from the date the offense was |
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discovered: sexual assault punishable as a state jail felony under |
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Section 22.011(f)(2), Penal Code; or |
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(8) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. Section 43.26, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) An offense under Subsection (a) is: |
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(1) a felony of the third degree if the person |
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possesses visual material that contains fewer than 100 visual |
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depictions of a child as described by Subsection (a)(1); |
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(2) [, except that the offense is: |
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[(1)] a felony of the second degree if [it is shown on |
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the trial of the offense that] the person possesses visual material |
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that contains 100 or more visual depictions of a child as described |
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by Subsection (a)(1) but fewer than 500 such depictions [has been |
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previously convicted one time of an offense under that subsection]; |
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(3) [and |
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[(2)] a felony of the first degree if [it is shown on the |
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trial of the offense that] the person possesses visual material |
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that contains 500 or more visual depictions of a child as described |
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by Subsection (a)(1); or |
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(4) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for any term of not more than 99 years or less than 25 years if it |
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is shown on the trial of the offense that, at the time of the |
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offense, the person was: |
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(A) an employee at a child-care facility or a |
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residential child-care facility, as those terms are defined by |
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Section 42.002, Human Resources Code; |
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(B) an employee at a residential treatment |
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facility established under Section 221.056, Human Resources Code; |
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(C) an employee at a shelter or facility that |
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serves youth and that receives state funds; or |
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(D) receiving state funds for the care of a child |
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depicted by the visual material [has been previously convicted two |
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or more times of an offense under that subsection]. |
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(d-1) If it is shown on the trial of an offense under |
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Subsection (a) that the visual material depicted a child younger |
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than 10 years of age at the time the image of the child was made or |
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that the defendant has been previously convicted of an offense |
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under that subsection: |
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(1) an offense described for purposes of punishment by |
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Subsection (d)(1) or (2) is increased to the next higher category of |
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offense; or |
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(2) the minimum term of confinement for an offense |
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described for purposes of punishment by Subsection (d)(3) is |
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increased to 15 years. |
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SECTION 3. Article 12.01, Code of Criminal Procedure, as |
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amended by this Act, does not apply to an offense if the prosecution |
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of that offense becomes barred by limitation before the effective |
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date of this Act. The prosecution of that offense remains barred as |
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if this Act had not taken effect. |
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SECTION 4. Section 43.26, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2023. |
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* * * * * |