75R13169 GWK-F
By Jones of Lubbock, Luna H.B. No. 3225
Substitute the following for H.B. No. 3225:
By Talton C.S.H.B. No. 3225
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to offenses under the Penal Code commonly associated with
1-3 criminal street gang activity, to law enforcement provisions for
1-4 investigating those offenses, and to other substantive changes and
1-5 technical corrections in the Penal Code.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 8.07(a), Penal Code, is amended to read
1-8 as follows:
1-9 (a) A person may not be prosecuted for or convicted of any
1-10 offense that he committed when younger than 15 years of age except:
1-11 (1) perjury and aggravated perjury when it appears by
1-12 proof that he had sufficient discretion to understand the nature
1-13 and obligation of an oath;
1-14 (2) [a violation of a penal statute cognizable under
1-15 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
1-16 (Article 6701l-4, Vernon's Texas Civil Statutes);]
1-17 [(3) a violation of a motor vehicle traffic ordinance
1-18 of an incorporated city or town in this state;]
1-19 [(4)] a misdemeanor punishable by fine only other than
1-20 public intoxication;
1-21 [(5) a violation of a penal ordinance of a political
1-22 subdivision;] or
1-23 (3) a violation punishable as a felony under Section
1-24 71.02 or [(6)] a violation of a penal statute that is, or is a
2-1 lesser included offense of, a capital felony, an aggravated
2-2 controlled substance felony, or a felony of the first degree for
2-3 which the person is transferred to the court under Section 54.02,
2-4 Family Code, for prosecution if the person committed the offense
2-5 when 14 years of age or older.
2-6 SECTION 2. Section 12.03, Penal Code, is amended by adding
2-7 Subsection (d) to read as follows:
2-8 (d) An offense that is punishable one category lower than a
2-9 state jail felony is a Class A misdemeanor.
2-10 SECTION 3. Section 12.04, Penal Code, is amended by adding
2-11 Subsection (c) to read as follows:
2-12 (c) An offense punishable one category higher than a Class A
2-13 misdemeanor is a state jail felony.
2-14 SECTION 4. Section 15.01(d), Penal Code, is amended to read
2-15 as follows:
2-16 (d) An offense under this section is one category lower than
2-17 the offense attempted[, and if the offense attempted is a state
2-18 jail felony, the offense is a Class A misdemeanor].
2-19 SECTION 5. Section 15.02(d), Penal Code, is amended to read
2-20 as follows:
2-21 (d) An offense under this section is one category lower than
2-22 the most serious felony that is the object of the conspiracy[, and
2-23 if the most serious felony that is the object of the conspiracy is
2-24 a state jail felony, the offense is a Class A misdemeanor].
2-25 SECTION 6. Section 15.03(d), Penal Code, is amended to read
2-26 as follows:
2-27 (d) An offense under this section is one category lower than
3-1 the offense solicited[:]
3-2 [(1) a felony of the first degree if the offense
3-3 solicited is a capital offense; or]
3-4 [(2) a felony of the second degree if the offense
3-5 solicited is a felony of the first degree].
3-6 SECTION 7. Section 15.031, Penal Code, is amended to read as
3-7 follows:
3-8 Sec. 15.031. CRIMINAL SOLICITATION OF A CHILD [MINOR].
3-9 (a) A person commits an offense if, with intent that a felony [an
3-10 offense listed by Section 3g(a)(1), Article 42.12, Code of
3-11 Criminal Procedure,] be committed, the person requests, commands,
3-12 or attempts to induce a child [minor] to engage in specific conduct
3-13 that, under the circumstances surrounding the actor's conduct as
3-14 the actor believes them to be, would constitute the felony [an
3-15 offense listed by Section 3g(a)(1), Article 42.12], or make the
3-16 minor a party to the commission of the felony [an offense listed by
3-17 Section 3g(a)(1), Article 42.12].
3-18 (b) A person may not be convicted under this section on the
3-19 uncorroborated testimony of the child [minor] allegedly solicited
3-20 unless the solicitation is made under circumstances strongly
3-21 corroborative of both the solicitation itself and the actor's
3-22 intent that the child [minor] act on the solicitation.
3-23 (c) It is no defense to prosecution under this section that:
3-24 (1) the child [minor] solicited is not criminally
3-25 responsible for the offense solicited;
3-26 (2) the child [minor] solicited has been acquitted,
3-27 has not been prosecuted or convicted, has been convicted of a
4-1 different offense or of a different type or class of offense, or is
4-2 immune from prosecution;
4-3 (3) the actor belongs to a class of persons that by
4-4 definition of the offense solicited is legally incapable of
4-5 committing the offense in an individual capacity; or
4-6 (4) the offense solicited was actually committed.
4-7 (d) An offense under this section is one category lower than
4-8 the solicited offense.
4-9 (e) In this section, "child" ["minor"] means an individual
4-10 younger than 17 years of age.
4-11 SECTION 8. Sections 15.04(b) and (d), Penal Code, are
4-12 amended to read as follows:
4-13 (b) It is an affirmative defense to prosecution under
4-14 Section 15.02, [or] 15.03, or 15.031 that under circumstances
4-15 manifesting a voluntary and complete renunciation of his criminal
4-16 objective the actor countermanded his solicitation or withdrew from
4-17 the conspiracy before commission of the object offense and took
4-18 further affirmative action that prevented the commission of the
4-19 object offense.
4-20 (d) At the punishment stage of a trial resulting in a
4-21 conviction for an offense that was an object of a preparatory
4-22 offense under this chapter, the defendant may raise the issue of
4-23 whether in voluntary and complete renunciation of the preparatory
4-24 and object offenses the defendant abandoned the defendant's
4-25 [Evidence that the defendant renounced his criminal objective by
4-26 abandoning his] criminal conduct, withdrew from the conspiracy, or
4-27 countermanded the defendant's [countermanding his] solicitation[,
5-1 or withdrawing from the conspiracy] before the object [criminal]
5-2 offense was committed and made substantial effort to prevent the
5-3 commission of the object offense. If the defendant proves the
5-4 issue in the affirmative by a preponderance of the evidence [shall
5-5 be admissible as mitigation at the hearing on punishment if he has
5-6 been found guilty of criminal attempt, criminal solicitation, or
5-7 criminal conspiracy; and in the event of a finding of renunciation
5-8 under this subsection], the punishment shall be one category
5-9 [grade] lower than that provided for the offense committed.
5-10 SECTION 9. Section 15.05, Penal Code, is amended to read as
5-11 follows:
5-12 Sec. 15.05. NO OFFENSE. (a) Attempt or conspiracy to
5-13 commit, or solicitation of, a preparatory offense defined in this
5-14 chapter is not an offense.
5-15 (b) Criminal attempt of a misdemeanor punishable by fine
5-16 only is not an offense.
5-17 SECTION 10. Chapter 16, Penal Code, is amended to read as
5-18 follows:
5-19 CHAPTER 16. CRIMINAL INSTRUMENTS AND
5-20 ELECTRONIC SURVEILLANCE [INTERCEPTION OF
5-21 WIRE OR ORAL COMMUNICATION]
5-22 SUBCHAPTER A. CRIMINAL INSTRUMENTS
5-23 Sec. 16.01. DEFINITIONS. In this subchapter, "criminal
5-24 instrument" means anything, the possession, manufacture, or sale of
5-25 which is not otherwise an offense, that:
5-26 (1) is specially designed, made, or adapted for use in
5-27 the commission of an offense; or
6-1 (2) in the manner of its use or intended use is
6-2 reasonably capable of effecting the commission of an offense.
6-3 Sec. 16.011. POSSESSION [UNLAWFUL USE] OF CRIMINAL
6-4 INSTRUMENT. (a) A person commits an offense if[:]
6-5 [(1)] he possesses a criminal instrument with intent
6-6 to use it in the commission of an offense[; or]
6-7 [(2) with knowledge of its character and with intent
6-8 to use or aid or permit another to use in the commission of an
6-9 offense, he manufactures, adapts, sells, installs, or sets up a
6-10 criminal instrument].
6-11 (b) [For the purpose of this section, "criminal instrument"
6-12 means anything, the possession, manufacture, or sale of which is
6-13 not otherwise an offense, that is specially designed, made, or
6-14 adapted for use in the commission of an offense.]
6-15 [(c)] An offense under this section [Subsection (a)(1)] is
6-16 one category lower than the most serious offense intended.
6-17 Sec. 16.012. MAKING OR USING CRIMINAL INSTRUMENT. (a) A
6-18 person commits an offense if the person makes, manufactures,
6-19 adapts, sells, installs, or uses a criminal instrument with
6-20 knowledge of its character and with intent to use or aid or permit
6-21 another to use it in the commission of an offense.
6-22 (b) An offense under this section [Subsection (a)(2)] is a
6-23 state jail felony.
6-24 Sec. 16.013. PROSECUTION UNDER OTHER STATUTES. A person
6-25 whose conduct violates this subchapter and another offense
6-26 described by a penal statute may be prosecuted under either statute
6-27 or both statutes.
7-1 SUBCHAPTER B. ELECTRONIC SURVEILLANCE
7-2 Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF
7-3 WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS. (a) In this section,
7-4 "covert entry," "communication common carrier," "contents,"
7-5 "electronic, mechanical, or other device," "intercept,"
7-6 "investigative or law enforcement officer," "oral communication,"
7-7 "electronic communication," "readily accessible to the general
7-8 public," and "wire communication" have the meanings given those
7-9 terms in Article 18.20, Code of Criminal Procedure.
7-10 (b) A person commits an offense if he:
7-11 (1) intentionally intercepts, endeavors to intercept,
7-12 or procures another person to intercept or endeavor to intercept a
7-13 wire, oral, or electronic communication;
7-14 (2) intentionally discloses or endeavors to disclose
7-15 to another person the contents of a wire, oral, or electronic
7-16 communication if he knows or has reason to know the information was
7-17 obtained through the interception of a wire, oral, or electronic
7-18 communication in violation of this subsection;
7-19 (3) intentionally uses or endeavors to use the
7-20 contents of a wire, oral, or electronic communication if he knows
7-21 or is reckless about whether the information was obtained through
7-22 the interception of a wire, oral, or electronic communication in
7-23 violation of this subsection;
7-24 (4) knowingly or intentionally effects a covert entry
7-25 for the purpose of intercepting wire, oral, or electronic
7-26 communications without court order or authorization; or
7-27 (5) intentionally uses, endeavors to use, or procures
8-1 any other person to use or endeavor to use any electronic,
8-2 mechanical, or other device to intercept any oral communication
8-3 when the device:
8-4 (A) is affixed to, or otherwise transmits a
8-5 signal through a wire, cable, or other connection used in wire
8-6 communications; or
8-7 (B) transmits communications by radio or
8-8 interferes with the transmission of communications by radio.
8-9 (c) It is an affirmative defense to prosecution under
8-10 Subsection (b) that:
8-11 (1) an operator of a switchboard or an officer,
8-12 employee, or agent of a communication common carrier whose
8-13 facilities are used in the transmission of a wire or electronic
8-14 communication intercepts a communication or discloses or uses an
8-15 intercepted communication in the normal course of employment while
8-16 engaged in an activity that is a necessary incident to the
8-17 rendition of service or to the protection of the rights or property
8-18 of the carrier of the communication, unless the interception
8-19 results from the communication common carrier's use of service
8-20 observing or random monitoring for purposes other than mechanical
8-21 or service quality control checks;
8-22 (2) an officer, employee, or agent of a communication
8-23 common carrier provides information, facilities, or technical
8-24 assistance to an investigative or law enforcement officer who is
8-25 authorized as provided by this article to intercept a wire, oral,
8-26 or electronic communication;
8-27 (3) a person acting under color of law intercepts a
9-1 wire, oral, or electronic communication if the person is a party to
9-2 the communication or if one of the parties to the communication has
9-3 given prior consent to the interception;
9-4 (4) a person not acting under color of law intercepts
9-5 a wire, oral, or electronic communication if the person is a party
9-6 to the communication or if one of the parties to the communication
9-7 has given prior consent to the interception unless the
9-8 communication is intercepted for the purpose of committing any
9-9 criminal or tortious act in violation of the constitution or laws
9-10 of the United States or of this state or for the purpose of
9-11 committing any other injurious act;
9-12 (5) a person acting under color of law intercepts a
9-13 wire, oral, or electronic communication if:
9-14 (A) prior consent for the interception has been
9-15 given by a magistrate;
9-16 (B) an immediate life-threatening situation
9-17 exists;
9-18 (C) the person is a member of a law enforcement
9-19 unit specially trained to:
9-20 (i) respond to and deal with
9-21 life-threatening situations; or
9-22 (ii) install electronic, mechanical, or
9-23 other devices; and
9-24 (D) the interception ceases immediately on
9-25 termination of the life-threatening situation;
9-26 (6) an officer, employee, or agent of the Federal
9-27 Communications Commission intercepts a communication transmitted by
10-1 radio or discloses or uses an intercepted communication in the
10-2 normal course of employment and in the discharge of the monitoring
10-3 responsibilities exercised by the Federal Communications Commission
10-4 in the enforcement of Chapter 5, Title 47, United States Code;
10-5 (7) a person intercepts or obtains access to an
10-6 electronic communication that was made through an electronic
10-7 communication system that is configured to permit the communication
10-8 to be readily accessible to the general public;
10-9 (8) a person intercepts radio communication that is
10-10 transmitted:
10-11 (A) by a station for the use of the general
10-12 public;
10-13 (B) to ships, aircraft, vehicles, or persons in
10-14 distress;
10-15 (C) by a governmental, law enforcement, civil
10-16 defense, private land mobile, or public safety communications
10-17 system that is readily accessible to the general public;
10-18 (D) by a station operating on an authorized
10-19 frequency within the bands allocated to the amateur, citizens band,
10-20 or general mobile radio services; or
10-21 (E) by a marine or aeronautical communications
10-22 system;
10-23 (9) a person intercepts a wire or electronic
10-24 communication the transmission of which causes harmful interference
10-25 to a lawfully operating station or consumer electronic equipment,
10-26 to the extent necessary to identify the source of the interference;
10-27 (10) a user of the same frequency intercepts a radio
11-1 communication made through a system that uses frequencies monitored
11-2 by individuals engaged in the provision or the use of the system,
11-3 if the communication is not scrambled or encrypted; or
11-4 (11) a provider of electronic communications service
11-5 records the fact that a wire or electronic communication was
11-6 initiated or completed in order to protect the provider, another
11-7 provider furnishing service towards the completion of the
11-8 communication, or a user of that service from fraudulent, unlawful,
11-9 or abusive use of the service.
11-10 (d)(1) A person commits an offense if he:
11-11 (A) intentionally manufactures, assembles,
11-12 possesses, or sells an electronic, mechanical, or other device
11-13 knowing or having reason to know that the device is designed
11-14 primarily for nonconsensual interception of wire, electronic, or
11-15 oral communications and that the device or a component of the
11-16 device has been or will be used for an unlawful purpose; or
11-17 (B) places in a newspaper, magazine, handbill,
11-18 or other publication an advertisement of an electronic, mechanical,
11-19 or other device:
11-20 (i) knowing or having reason to know that
11-21 the device is designed primarily for nonconsensual interception of
11-22 wire, electronic, or oral communications;
11-23 (ii) promoting the use of the device for
11-24 the purpose of nonconsensual interception of wire, electronic, or
11-25 oral communications; or
11-26 (iii) knowing or having reason to know
11-27 that the advertisement will promote the use of the device for the
12-1 purpose of nonconsensual interception of wire, electronic, or oral
12-2 communications.
12-3 (2) An offense under Subdivision (1) is a state jail
12-4 felony.
12-5 (e) It is an affirmative defense to prosecution under
12-6 Subsection (d) that the manufacture, assembly, possession, or sale
12-7 of an electronic, mechanical, or other device that is designed
12-8 primarily for the purpose of nonconsensual interception of wire,
12-9 electronic, or oral communication is by:
12-10 (1) a communication common carrier or a provider of
12-11 wire or electronic communications service or an officer, agent, or
12-12 employee of or a person under contract with a communication common
12-13 carrier or provider acting in the normal course of the provider's
12-14 or communication carrier's business;
12-15 (2) an officer, agent, or employee of a person under
12-16 contract with, bidding on contracts with, or doing business with
12-17 the United States or this state acting in the normal course of the
12-18 activities of the United States or this state; or
12-19 (3) a law enforcement agency that has an established
12-20 unit specifically designated to respond to and deal with
12-21 life-threatening situations or specifically trained to install
12-22 wire, oral, or electronic communications intercept equipment.
12-23 (f) Except as provided by Subsections (d) and (h), an
12-24 offense under this section is a felony of the second degree.
12-25 (g) For purposes of this section:
12-26 (1) An immediate life-threatening situation exists
12-27 when human life is directly threatened in either a hostage or
13-1 barricade situation.
13-2 (2) "Member of a law enforcement unit specially
13-3 trained to respond to and deal with life-threatening situations"
13-4 means a peace officer who has received a minimum of 40 hours a year
13-5 of training in hostage and barricade suspect situations. This
13-6 training must be evidenced by the submission of appropriate
13-7 documentation to the Commission on Law Enforcement Officer
13-8 Standards and Education.
13-9 (h)(1) A person commits an offense if, knowing that a
13-10 government attorney or an investigative or law enforcement officer
13-11 has been authorized or has applied for authorization to intercept
13-12 wire, electronic, or oral communications, the person obstructs,
13-13 impedes, prevents, gives notice to another of, or attempts to give
13-14 notice to another of the interception.
13-15 (2) An offense under this subsection is a state jail
13-16 felony.
13-17 (i) This section expires September 1, 2005, and shall not be
13-18 in force on and after that date.
13-19 Sec. 16.03. UNLAWFUL USE OF PEN REGISTER OR TRAP AND TRACE
13-20 DEVICE. (a) Except as authorized by a court order obtained under
13-21 Article 18.21, Code of Criminal Procedure, or in an emergency under
13-22 the circumstances described and permitted under that article, a
13-23 person commits an offense if he knowingly installs or utilizes a
13-24 pen register or trap and trace device to record telephone numbers
13-25 dialed from or to a telephone instrument.
13-26 (b) In this section, "authorized peace officer,"
13-27 "communications common carrier," "pen register," and "trap and
14-1 trace device" have the meanings assigned by Article 18.21, Code of
14-2 Criminal Procedure.
14-3 (c) It is an exception to the application of Subsection (a)
14-4 that an officer, employee, or agent of a communications common
14-5 carrier installs or utilizes a device or equipment to record the
14-6 numbers dialed from or to a telephone instrument in the normal
14-7 course of business of the carrier, for the protection of property
14-8 or services provided by the carrier, or assists an authorized peace
14-9 officer in executing an order issued under Article 18.21, Code of
14-10 Criminal Procedure.
14-11 (d) It is an exception to the application of Subsection (a)
14-12 that the installation or utilization of a pen register or trap and
14-13 trace device was made by an officer, agent, or employee of a lawful
14-14 enterprise while engaged in an activity that is a necessary
14-15 incident to the rendition of service or to the protection of
14-16 property of or services provided by the enterprise, and was not
14-17 made for the purpose of gathering information for a law enforcement
14-18 agency or private investigative agency, other than information
14-19 related to the theft of communication or information services
14-20 provided by the enterprise.
14-21 (e) An offense under this section is a state jail felony.
14-22 Sec. 16.04. UNLAWFUL ACCESS TO STORED COMMUNICATIONS.
14-23 (a) In this section, "electronic communication," "electronic
14-24 storage," "user," and "wire communication" have the meanings
14-25 assigned to those terms in Article 18.21, Code of Criminal
14-26 Procedure.
14-27 (b) A person commits an offense if the person obtains,
15-1 alters, or prevents authorized access to a wire or electronic
15-2 communication while the communication is in electronic storage by:
15-3 (1) intentionally obtaining access without
15-4 authorization to a facility through which a wire or electronic
15-5 communications service is provided; or
15-6 (2) intentionally exceeding an authorization for
15-7 access to a facility through which a wire or electronic
15-8 communications service is provided.
15-9 (c) Except as provided by Subsection (d), an offense under
15-10 Subsection (b) is a Class A misdemeanor.
15-11 (d) If committed to obtain a benefit or to harm another, an
15-12 offense is a state jail felony.
15-13 (e) It is an exception to the application of Subsection (b)
15-14 that the conduct was authorized by:
15-15 (1) the provider of the wire or electronic
15-16 communications service;
15-17 (2) the user of the wire or electronic communications
15-18 service; or
15-19 (3) Article 18.21, Code of Criminal Procedure.
15-20 Sec. 16.05. ILLEGAL DIVULGENCE OF PUBLIC COMMUNICATIONS.
15-21 (a) In this section, "electronic communication," "electronic
15-22 communications service," and "electronic communications system"
15-23 have the meanings given those terms in Article 18.20, Code of
15-24 Criminal Procedure.
15-25 (b) Except as provided by Subsection (c), a person who
15-26 provides electronic communications service to the public commits an
15-27 offense if he intentionally divulges the contents of a
16-1 communication, other than a communication to that person or that
16-2 person's agent, while the communication is in transmission on that
16-3 service, to any person other than the addressee or the intended
16-4 recipient of the communication or the addressee's or intended
16-5 recipient's agent.
16-6 (c) A person who provides electronic communications service
16-7 to the public may divulge the contents of a communication:
16-8 (1) as authorized by federal or state law;
16-9 (2) to a person employed, authorized, or whose
16-10 facilities are used to forward the communication to the
16-11 communication's destination; or
16-12 (3) to a law enforcement agency if the contents were
16-13 obtained by the service provider and the contents appear to pertain
16-14 to the commission of a crime.
16-15 (d) Except as provided by Subsections (e) and (f), an
16-16 offense under Subsection (b) is a state jail felony.
16-17 (e) If committed for a tortious or illegal purpose or to
16-18 gain a benefit, an offense under Subsection (b) that involves a
16-19 radio communication that is not scrambled or encrypted:
16-20 (1) is a Class A misdemeanor if the communication is
16-21 not the radio portion of a cellular telephone communication, a
16-22 public land mobile radio service communication, or a paging service
16-23 communication; or
16-24 (2) is a Class C misdemeanor if the communication is
16-25 the radio portion of a cellular telephone communication, a public
16-26 and mobile radio service or communication or a paging service
16-27 communication.
17-1 (f)(1) A person who engages in conduct constituting an
17-2 offense under Subsection (b) that is not for a tortious or illegal
17-3 purpose or for the purpose of direct or indirect commercial
17-4 advantage or private commercial gain and involves a radio
17-5 communication that is transmitted on frequencies allocated under
17-6 Subpart D or Part 74 of the rules of the Federal Communications
17-7 Commission and that is not scrambled or encrypted shall be subject
17-8 to suit by the federal or state government in a court of competent
17-9 jurisdiction for appropriate injunctive relief. If it is shown on
17-10 the trial of the civil suit that the defendant has been convicted
17-11 of an offense under Subsection (b) or that the defendant has been
17-12 found liable in a civil action under Article 18.20, Code of
17-13 Criminal Procedure, in addition to granting injunctive relief the
17-14 court shall impose a civil penalty of $500 on the defendant.
17-15 (2) A court may use any means within the court's
17-16 authority to enforce an injunction issued under Subdivision (1) and
17-17 shall impose a fine as for contempt of court of not less than $500
17-18 for each violation of the injunction.
17-19 SECTION 11. Section 71.02(a), Penal Code, is amended to read
17-20 as follows:
17-21 (a) A person commits an offense if, with the intent to
17-22 establish, maintain, or participate in a combination or in the
17-23 profits of a combination or as a member of a criminal street gang,
17-24 he commits or conspires to commit one or more of the following:
17-25 (1) murder, capital murder, arson, aggravated robbery,
17-26 robbery, burglary, theft, aggravated kidnapping, kidnapping,
17-27 aggravated assault, aggravated sexual assault, sexual assault,
18-1 indecency with a child, injury to a child, elderly individual, or
18-2 disabled individual, tampering with a consumer product, sale or
18-3 purchase of a child, escape, obstruction or retaliation, criminal
18-4 mischief punishable as a felony or as a Class A misdemeanor,
18-5 tampering with an identification number, credit card or debit card
18-6 abuse, forgery, deadly conduct, assault punishable as a Class A
18-7 misdemeanor or a felony, burglary of a [motor] vehicle, or
18-8 unauthorized use of a [motor] vehicle;
18-9 (2) any gambling offense punishable as a Class A
18-10 misdemeanor;
18-11 (3) promotion of prostitution, aggravated promotion of
18-12 prostitution, or compelling prostitution;
18-13 (4) unlawful possession of a firearm punishable as a
18-14 felony, unlawful possession of a prohibited weapon, or unlawful
18-15 manufacture, transportation, repair, or sale of a firearm
18-16 [firearms] or prohibited weapon [weapons];
18-17 (5) unlawful manufacture, delivery, dispensation, or
18-18 distribution of a controlled substance or dangerous drug, or
18-19 unlawful possession of a controlled substance or dangerous drug
18-20 through forgery, fraud, misrepresentation, or deception;
18-21 (6) [any] unlawful wholesale promotion or possession
18-22 with intent to wholesale promote [of any] obscene material, an [or]
18-23 obscene device, or child pornography [with the intent to wholesale
18-24 promote the same];
18-25 (7) any unlawful employment, authorization, or
18-26 inducing of a child younger than 17 years of age to engage in
18-27 sexual conduct or a [an obscene] sexual performance;
19-1 (8) any felony offense under Chapter 32, Penal Code;
19-2 or
19-3 (9) any offense under Chapter 33, 34, 35, or 36, Penal
19-4 Code[; or]
19-5 [(10) any offense under Chapter 34, Penal Code].
19-6 SECTION 12. Section 71.02(b), Penal Code, as amended by
19-7 Chapters 761 and 900, Acts of the 73rd Legislature, Regular
19-8 Session, 1993, is reenacted and amended to read as follows:
19-9 (b) Except as provided in Subsections (c) and (d), an
19-10 offense under this section is one category higher than the most
19-11 serious offense listed in Subsection (a) that was committed, [and
19-12 if the most serious offense is a Class A misdemeanor, the offense
19-13 is a state jail felony,] except that if the most serious offense is
19-14 a felony of the first degree, the offense is a felony of the first
19-15 degree. [Except as provided in Subsection (c) of this section, an
19-16 offense under this section is one category higher than the most
19-17 serious offense listed in Subdivisions (1) through (10) of
19-18 Subsection (a) of this section that was committed, and if the most
19-19 serious offense is a Class A misdemeanor, the offense is a felony
19-20 of the third degree, except that if the most serious offense is a
19-21 felony of the first degree, the offense is a felony of the first
19-22 degree.]
19-23 SECTION 13. Section 71.02(c), Penal Code, as amended by
19-24 Chapters 761 and 900, Acts of the 73rd Legislature, Regular
19-25 Session, 1993, is reenacted and amended to read as follows:
19-26 (c) Conspiring to commit an offense under this section is of
19-27 the same degree as the most serious offense listed in [Subdivisions
20-1 (1) through (10) of] Subsection (a) [of this section] that the
20-2 person conspired to commit.
20-3 SECTION 14. Section 71.05(a), Penal Code, as amended by
20-4 Chapters 761 and 900, Acts of the 73rd Legislature, Regular
20-5 Session, 1993, is reenacted and amended to read as follows:
20-6 (a) It is an affirmative defense to prosecution under
20-7 Section 71.02 that under circumstances manifesting a voluntary and
20-8 complete renunciation of his criminal objective the actor withdrew
20-9 from the combination before commission of an offense listed in
20-10 Subsection (a) of Section 71.02 and took further affirmative action
20-11 that prevented the commission of the offense. [It is an affirmative
20-12 defense to prosecution under Section 71.02 of this code that under
20-13 circumstances manifesting a voluntary and complete renunciation of
20-14 his criminal objective the actor withdrew from the combination
20-15 before commission of an offense listed in Subdivisions (1) through
20-16 (7) or Subdivision (10) of Subsection (a) of Section 71.02 of this
20-17 code and took further affirmative action that prevented the
20-18 commission of the offense.]
20-19 SECTION 15. Article 61.06, Code of Criminal Procedure, is
20-20 amended to read as follows:
20-21 Art. 61.06. DESTRUCTION OF RECORDS. (a) Information
20-22 collected under this chapter relating to a child, as that term is
20-23 defined by Section 51.02, Family Code, must be destroyed after
20-24 three [two] years if the individual has not been arrested for:
20-25 (1) [charged with] criminal activity as reported to
20-26 the Department of Public Safety under Chapter 60 of this code or
20-27 Chapter 58, Family Code; or
21-1 (2) an offense under Section 42.01(a)(6), Penal Code.
21-2 (b) Time incarcerated in the institutional division or state
21-3 jail division of the Texas Department of Criminal Justice for
21-4 service of a felony sentence or in the Texas Youth Commission for
21-5 service of a felony sentence or commitment is not counted in the
21-6 three-year period under Subsection (a).
21-7 SECTION 16. Section 503.029(a), Transportation Code, is
21-8 amended to read as follows:
21-9 (a) An applicant for an original or renewal dealer general
21-10 distinguishing number must submit to the department a written
21-11 application on a form that:
21-12 (1) is provided by the department;
21-13 (2) contains the information required by the
21-14 department;
21-15 (3) contains information that demonstrates the person
21-16 meets the requirements prescribed by Section 503.032;
21-17 (4) contains information that demonstrates the
21-18 applicant has complied with all applicable state laws and municipal
21-19 ordinances;
21-20 (5) states that the applicant agrees to allow the
21-21 department or a peace officer to examine during working hours the
21-22 ownership papers for each registered or unregistered vehicle in the
21-23 applicant's possession or control; and
21-24 (6) specifies whether the applicant proposes to be a
21-25 dealer in motor vehicles, motorcycles, house trailers, or trailers
21-26 or semitrailers.
21-27 SECTION 17. (a) Except for the nonsubstantive changes made
22-1 by Sections 12-14 of this Act, the change in law made by this Act
22-2 applies only to an offense committed on or after the effective date
22-3 of this Act. For purposes of this section, an offense is committed
22-4 before the effective date of this Act if any element of the offense
22-5 occurs before the effective date.
22-6 (b) An offense committed before the effective date of this
22-7 Act is covered by the law in effect when the offense was committed,
22-8 and the former law is continued in effect for that purpose.
22-9 SECTION 18. This Act takes effect September 1, 1997.
22-10 SECTION 19. The importance of this legislation and the
22-11 crowded condition of the calendars in both houses create an
22-12 emergency and an imperative public necessity that the
22-13 constitutional rule requiring bills to be read on three several
22-14 days in each house be suspended, and this rule is hereby suspended.