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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of victims of sexual assault and other sex |
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offenses, the offense of continuous sexual abuse, and the |
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prosecution and punishment of certain sex offenses; creating a |
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criminal offense; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 420.0735, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The reason or purpose for the release of evidence |
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described by Subsection (d)(2) may be limited to permit only the |
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acts of forensic DNA testing and DNA profile comparison in the |
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manner provided by Section 420.0736, regardless of whether a report |
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of the applicable offense is made to a law enforcement agency. |
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SECTION 2. Subchapter D, Chapter 420, Government Code, is |
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amended by adding Section 420.0736 to read as follows: |
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Sec. 420.0736. LIMITED CONSENT FOR DNA TESTING AND |
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COMPARISON OF CERTAIN EVIDENCE. (a) To encourage the reporting of |
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sexual assaults or other sex offenses that would otherwise remain |
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unreported and notwithstanding Sections 420.0431 and 420.0432, a |
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survivor or other person authorized to consent to the release of |
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evidence contained in an evidence collection kit under Section |
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420.0735 may choose to limit the scope of the consent under that |
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section to permit only the following acts undertaken in relation to |
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the collected evidence, without regard to whether a report of the |
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offense is made to a law enforcement agency: |
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(1) the performance of forensic DNA testing on |
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biological evidence contained in the evidence collection kit; and |
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(2) the comparison of a DNA profile obtained from the |
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biological evidence with DNA profiles maintained in: |
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(A) state databases, including the DNA database |
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system maintained under Subchapter G, Chapter 411, if the amount |
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and quality of the analyzed sample meet the requirements of the |
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state database system comparison policies; and |
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(B) the CODIS DNA database established by the |
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Federal Bureau of Investigation, if the amount and quality of the |
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analyzed sample meet the requirements of the bureau's CODIS |
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comparison policies. |
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(b) The department by rule shall adopt a form to enable a |
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survivor or other authorized person to provide the limited consent |
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described by this section. The form must include the following |
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statement: "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW |
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ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING AND DNA |
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PROFILE COMPARISON OF BIOLOGICAL EVIDENCE COLLECTED DURING YOUR |
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FORENSIC MEDICAL EXAMINATION. HOWEVER, IF YOU AUTHORIZE DNA |
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TESTING AND COMPARISON OF THE BIOLOGICAL EVIDENCE COLLECTED DURING |
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YOUR EXAMINATION, ANY RESULTS OF THE DNA TESTING AND COMPARISON MAY |
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BE SUBJECT TO USE IN A CRIMINAL INVESTIGATION OR TRIAL REGARDLESS OF |
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WHETHER YOU CHOOSE TO FILE A REPORT IN YOUR CASE." |
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(c) The department shall provide to the survivor or other |
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authorized person giving limited consent under Subsection (a) |
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notice regarding whether any matches are identified between the DNA |
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profile submitted to the department and DNA profiles contained in |
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the databases described by Subsection (a). The department may not |
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notify any other entity of the results of the DNA testing or |
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comparison and may not use those results for any reason or purpose |
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other than as permitted by this section, unless the department |
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first obtains additional written consent from the person for that |
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reason or purpose under Section 420.0735. |
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SECTION 3. Section 3.03(b), Penal Code, is amended to read |
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as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.02, 21.11, [22.011, 22.021,] 25.02, or 43.25 committed |
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against a victim younger than 17 years of age at the time of the |
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commission of the offense regardless of whether the accused is |
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convicted of violations of the same section more than once or is |
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convicted of violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; |
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(2-a) an offense: |
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(A) under Section 22.011 or 22.021, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of more than one |
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section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of more than one section; |
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(3) an offense: |
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(A) under Section 21.15 or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(4) an offense for which the judgment in the case |
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contains an affirmative finding under Article 42.0197, Code of |
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Criminal Procedure; |
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(5) an offense: |
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(A) under Section 20A.02, 20A.03, or 43.05, |
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regardless of whether the accused is convicted of violations of the |
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same section more than once or is convicted of violations of more |
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than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of more than one section; |
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(6) an offense: |
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(A) under Section 22.04(a)(1) or (2) or Section |
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22.04(a-1)(1) or (2) that is punishable as a felony of the first |
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degree, regardless of whether the accused is convicted of |
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violations of the same section more than once or is convicted of |
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violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) and punishable as described by that |
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paragraph, regardless of whether the accused is charged with |
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violations of the same section more than once or is charged with |
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violations of more than one section; or |
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(7) any combination of offenses listed in Subdivisions |
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(1)-(6). |
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SECTION 4. Section 12.42(c)(3), Penal Code, is amended to |
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read as follows: |
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(3) Notwithstanding Subdivision (1) or (2), a |
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defendant shall be punished for a capital felony if it is shown on |
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the trial of an offense under Section 22.021 otherwise punishable |
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under Subsection (f) of that section that the defendant has |
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previously been finally convicted of: |
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(A) an offense under Section 22.021 that was |
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committed against a victim described by Section 22.021(f) [Section |
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22.021(f)(1) or was committed against a victim described by Section |
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22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A)]; |
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or |
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(B) an offense that was committed under the laws |
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of another state that: |
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(i) contains elements that are |
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substantially similar to the elements of an offense under Section |
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22.021; and |
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(ii) was committed against a victim |
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described by Section 22.021(f) [Section 22.021(f)(1) or was |
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committed against a victim described by Section 22.021(f)(2) and in |
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a manner substantially similar to a manner described by Section |
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22.021(a)(2)(A)]. |
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SECTION 5. Sections 12.502(b), (c), and (d), Penal Code, |
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are amended to read as follows: |
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(b) Except as provided by Subsection (c), if it is shown on |
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the trial of an offense under Section 21.07, 21.08, or 21.15[, or |
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21.17] that the offense was committed in a location that was on the |
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premises of a postsecondary educational institution, the category |
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of punishment for the offense is increased to a higher category of |
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offense as follows: |
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(1) a Class C misdemeanor is increased to a Class B |
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misdemeanor; |
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(2) a Class B misdemeanor is increased to a Class A |
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misdemeanor; |
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(3) a Class A misdemeanor is increased to a state jail |
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felony; and |
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(4) a state jail felony is increased to a felony of the |
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third degree. |
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(c) For an offense otherwise punishable under Subsection |
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(b), if it is shown on the trial of the offense that the person has |
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been previously convicted twice of an offense under Section 21.07, |
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21.08, or 21.15 [, or 21.17] for which the punishment was increased |
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under Subsection (b), the category of punishment for the offense is |
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increased to a higher category of offense as follows: |
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(1) a Class C misdemeanor is increased to a Class A |
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misdemeanor; |
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(2) a Class B misdemeanor is increased to a state jail |
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felony; |
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(3) a Class A misdemeanor is increased to a felony of |
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the third degree; and |
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(4) a state jail felony is increased to a felony of the |
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second degree. |
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(d) If the punishment scheme for an offense under Section |
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21.07, 21.08, or 21.15 [, or 21.17] contains a specific enhancement |
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provision increasing punishment to a higher minimum term of |
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punishment than the minimum term required by the applicable higher |
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category of offense prescribed by Subsection (b) or (c), the |
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specific enhancement provision controls over this section. |
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SECTION 6. Chapter 21, Penal Code, is amended by adding |
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Section 21.03 to read as follows: |
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Sec. 21.03. CONTINUOUS SEXUAL ABUSE. (a) A person commits |
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an offense if: |
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(1) during a period that is 30 or more days in |
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duration, the person commits three or more acts of sexual abuse, |
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regardless of whether the acts of sexual abuse are committed |
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against one or more victims; and |
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(2) at the time of the commission of each of the acts |
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of sexual abuse, the actor is 17 years of age or older and the victim |
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is: |
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(A) described by Section 21.02(b)(2); or |
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(B) any other person regardless of age or |
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disability, other than a victim who is: |
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(i) 14 years of age or older; |
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(ii) younger than 17 years of age; and |
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(iii) not more than three years younger |
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than the actor. |
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(b) For purposes of this section, "act of sexual abuse" |
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means any act that is a violation of one or more of the following |
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penal laws: |
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(1) aggravated kidnapping under Section 20.04(a)(4), |
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if the actor committed the offense with the intent to violate or |
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abuse the victim sexually; |
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(2) indecency with a child under Section 21.11(a)(1), |
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if the actor committed the offense in a manner other than by |
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touching, including touching through clothing, the breast of a |
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child; |
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(3) sexual assault under Section 22.011; |
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(4) aggravated sexual assault under Section 22.021; |
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(5) burglary under Section 30.02, if the offense is |
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punishable under Subsection (d) of that section and the actor |
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committed the offense with the intent to commit an offense listed in |
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Subdivisions (1)-(4); |
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(6) sexual performance by a child under Section 43.25; |
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(7) trafficking of persons under Section |
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20A.02(a)(3), (4), (7), or (8); and |
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(8) compelling prostitution under Section 43.05. |
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(c) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific acts of sexual |
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abuse were committed by the defendant or the exact date when those |
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acts were committed. The jury must agree unanimously that the |
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defendant, during a period that is 30 or more days in duration, |
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committed three or more acts of sexual abuse. |
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(d) A defendant may not be convicted in the same criminal |
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action of an offense listed under Subsection (b) the victim of which |
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is the same victim as a victim of the offense under Subsection (a) |
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unless the offense listed in Subsection (b): |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(e) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the specific acts of sexual abuse |
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that are alleged to have been committed are alleged to have been |
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committed against a single victim. |
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(f) With respect to a prosecution under this section |
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involving only one or more victims younger than 17 years of age, it |
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is an affirmative defense to prosecution under this section that |
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the actor: |
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(1) was not more than five years older than: |
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(A) the victim of the offense, if the offense is |
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alleged to have been committed against only one victim; or |
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(B) the youngest victim of the offense, if the |
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offense is alleged to have been committed against more than one |
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victim; |
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(2) did not use duress, force, or a threat against a |
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victim at the time of the commission of any of the acts of sexual |
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abuse alleged as an element of the offense; and |
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(3) at the time of the commission of any of the acts of |
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sexual abuse alleged as an element of the offense: |
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(A) was not required under Chapter 62, Code of |
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Criminal Procedure, to register for life as a sex offender; or |
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(B) was not a person who under Chapter 62 had a |
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reportable conviction or adjudication for an offense under this |
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section or an act of sexual abuse as described by Subsection (c). |
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(g) An offense under this section is a felony of the first |
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degree, punishable by imprisonment in the Texas Department of |
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Criminal Justice for life, or for any term of not more than 99 years |
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or less than 25 years. |
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(h) If conduct constituting an offense under this section |
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also constitutes an offense under Section 21.02, the actor may be |
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prosecuted under either section, but not both. |
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SECTION 7. Section 21.17, Penal Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (f) to |
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read as follows: |
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(b) Except as provided by Subsection (c) or (d), an offense |
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under this section is a Class A [C] misdemeanor. |
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(c) An offense under this section is a state jail felony |
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[Class B misdemeanor] if it is shown on the trial of the offense |
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that: |
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(1) the actor has previously been convicted [two or |
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more times] of an offense under this section; |
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(2) the victim was a child younger than 18 years of age |
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at the time of the offense; or |
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(3) the offense was committed in a location that was on |
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the premises of a postsecondary educational institution. |
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(d) An offense under this section is a [state jail] felony |
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of the third degree if it is shown on the trial of the offense that: |
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(1) the victim was a child younger than 18 [14] years |
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of age at the time of the offense; and |
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(2) the actor has previously been convicted of an |
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offense punishable under Subsection (c)(2). |
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(f) In this section, "postsecondary educational |
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institution" and "premises" have the meanings assigned by Section |
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12.502. |
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SECTION 8. Section 22.021(f), Penal Code, is amended to |
|
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read as follows: |
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(f) The minimum term of imprisonment for an offense under |
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this section is increased to 25 years if[: |
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[(1) the victim of the offense is younger than six |
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years of age at the time the offense is committed; or |
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[(2)] the victim of the offense is younger than 14 |
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years of age at the time the offense is committed [and the actor |
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commits the offense in a manner described by Subsection (a)(2)(A)]. |
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SECTION 9. Not later than December 1, 2025, the Department |
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of Public Safety of the State of Texas shall adopt the form required |
|
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by Section 420.0736, Government Code, as added by this Act. |
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|
SECTION 10. The changes in law made by this Act apply only |
|
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to an offense committed on or after the effective date of this Act. |
|
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An offense committed before the effective date of this Act is |
|
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governed by the law in effect on the date the offense was committed, |
|
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and the former law is continued in effect for that purpose. For |
|
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purposes of this section, an offense was committed before the |
|
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effective date of this Act if any element of the offense occurred |
|
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before that date. |
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SECTION 11. This Act takes effect September 1, 2025. |