78R5437 GWK-D

By:  Dukes                                                        H.B. No. 1043



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for certain defendants convicted of 
indecency with a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 12.42(c)(2), Penal Code, is amended to 
read as follows:  
		(2)  A defendant shall be punished by imprisonment in 
the institutional division for life if:
			(A)  the defendant is convicted of an offense:                               
				(i)  under Section 21.11, 22.011, or 22.021 
[or 22.011], Penal Code;
				(ii)  under Section 20.04(a)(4), Penal Code, 
if the defendant committed the offense with the intent to violate or 
abuse the victim sexually; or
				(iii)  under Section 30.02, Penal Code, 
punishable under Subsection (d) of that section, if the defendant 
committed the offense with the intent to commit a felony described 
by Subparagraph (i) or (ii) or a felony under Section 21.11 or 
22.011, Penal Code; and
			(B)  the defendant has been previously convicted 
of an offense:            
				(i)  under Section 43.25 or 43.26, Penal 
Code;                            
				(ii)  under Section 21.11, 22.011, 22.021, 
or 25.02, Penal Code;          
				(iii)  under Section 20.04(a)(4), Penal 
Code, if the defendant committed the offense with the intent to 
violate or abuse the victim sexually;
				(iv)  under Section 30.02, Penal Code, 
punishable under Subsection (d) of that section, if the defendant 
committed the offense with the intent to commit a felony described 
by Subparagraph (ii) or (iii); or
				(v)  under the laws of another state 
containing elements that are substantially similar to the elements 
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.