Amend CSHB 8 (Senate committee printing) by striking all
below the enacting clause and substituting the following:
ARTICLE 1. CREATION, PROSECUTION, AND
PUNISHMENT OF OFFENSES
SECTION 1.01. This Act shall be known as the Jessica
Lunsford Act.
SECTION 1.02. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.021 to read as follows:
Art. 2.021. DUTIES OF ATTORNEY GENERAL. The attorney
general may offer to a county or district attorney the assistance of
the attorney general's office in the prosecution of an offense
described by Article 60.051(g). On request of a county or district
attorney, the attorney general shall assist in the prosecution of
an offense described by Article 60.51(g). For purposes of this
article, assistance includes investigative, technical, and
litigation assistance of the attorney general's office.
SECTION 1.03. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code; or
(F) [(C)] an offense involving leaving the scene
of an accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to a child, elderly individual, or
disabled individual punishable as a felony of the first degree
under Section 22.04, Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (5); or
(F) arson;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
or
(C) a violation under Sections 162.403(22)-(39),
Tax Code;
(4) five years from the date of the commission of the
offense:
(A) theft or[, burglary,] robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to a child, elderly individual, or
disabled individual that is not punishable as a felony of the first
degree under Section 22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping 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
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision [ten years from the 18th birthday
of the victim of the offense:
[(A) indecency with a child under Section
21.11(a)(1) or (2), Penal Code; or
[(B) except as provided by Subdivision (1),
sexual assault under Section 22.011(a)(2), Penal Code, or
aggravated sexual assault under Section 22.021(a)(1)(B), Penal
Code]; or
(6) three years from the date of the commission of the
offense: all other felonies.
SECTION 1.04. Chapter 37, Code of Criminal Procedure, is
amended by adding Article 37.072 to read as follows:
Art. 37.072. PROCEDURE IN REPEAT SEX OFFENDER CAPITAL CASE
Sec. 1. If a defendant is found guilty in a capital felony
case punishable under Section 12.42(c)(3), Penal Code, in which the
state does not seek the death penalty, the judge shall sentence the
defendant to life imprisonment without parole.
Sec. 2. (a)(1) If a defendant is tried for an offense
punishable under Section 12.42(c)(3), Penal Code, in which the
state seeks the death penalty, on a finding that the defendant is
guilty of a capital offense, the court shall conduct a separate
sentencing proceeding to determine whether the defendant shall be
sentenced to death or life imprisonment without parole. The
proceeding shall be conducted in the trial court and, except as
provided by Article 44.29(d) of this code, before the trial jury as
soon as practicable. In the proceeding, evidence may be presented
by the state and the defendant or the defendant's counsel as to any
matter that the court considers relevant to sentence, including
evidence of the defendant's background or character or the
circumstances of the offense that mitigates against the imposition
of the death penalty. This subdivision may not be construed to
authorize the introduction of any evidence secured in violation of
the Constitution of the United States or of the State of Texas. The
state and the defendant or the defendant's counsel shall be
permitted to present argument for or against sentence of death. The
introduction of evidence of extraneous conduct is governed by the
notice requirements of Section 3(g), Article 37.07. The court, the
attorney representing the state, the defendant, or the defendant's
counsel may not inform a juror or a prospective juror of the effect
of a failure of a jury to agree on issues submitted under Subsection
(b) or (e).
(2) Notwithstanding Subdivision (1), evidence may not
be offered by the state to establish that the race or ethnicity of
the defendant makes it likely that the defendant will engage in
future criminal conduct.
(b) On conclusion of the presentation of the evidence, the
court shall submit the following issues to the jury:
(1) whether there is a probability that the defendant
would commit criminal acts of violence that would constitute a
continuing threat to society; and
(2) in cases in which the jury charge at the guilt or
innocence stage permitted the jury to find the defendant guilty as a
party under Sections 7.01 and 7.02, Penal Code, whether the
defendant actually engaged in the conduct prohibited by Section
22.021, Penal Code, or did not actually engage in the conduct
prohibited by Section 22.021, Penal Code, but intended that the
offense be committed against the victim or another intended victim.
(c) The state must prove beyond a reasonable doubt each
issue submitted under Subsection (b) of this section, and the jury
shall return a special verdict of "yes" or "no" on each issue
submitted under Subsection (b) of this section.
(d) The court shall charge the jury that:
(1) in deliberating on the issues submitted under
Subsection (b) of this section, it shall consider all evidence
admitted at the guilt or innocence stage and the punishment stage,
including evidence of the defendant's background or character or
the circumstances of the offense that militates for or mitigates
against the imposition of the death penalty;
(2) it may not answer any issue submitted under
Subsection (b) of this section "yes" unless it agrees unanimously
and it may not answer any issue "no" unless 10 or more jurors agree;
and
(3) members of the jury need not agree on what
particular evidence supports a negative answer to any issue
submitted under Subsection (b) of this section.
(e)(1) The court shall instruct the jury that if the jury
returns an affirmative finding to each issue submitted under
Subsection (b), it shall answer the following issue:
Whether, taking into consideration all of the evidence,
including the circumstances of the offense, the defendant's
character and background, and the personal moral culpability of the
defendant, there is a sufficient mitigating circumstance or
circumstances to warrant that a sentence of life imprisonment
without parole rather than a death sentence be imposed.
(2) The court shall:
(A) instruct the jury that if the jury answers
that a circumstance or circumstances warrant that a sentence of
life imprisonment without parole rather than a death sentence be
imposed, the court will sentence the defendant to imprisonment in
the Texas Department of Criminal Justice for life without parole;
and
(B) charge the jury that a defendant sentenced to
confinement for life without parole under this article is
ineligible for release from the department on parole.
(f) The court shall charge the jury that in answering the
issue submitted under Subsection (e) of this section, the jury:
(1) shall answer the issue "yes" or "no";
(2) may not answer the issue "no" unless it agrees
unanimously and may not answer the issue "yes" unless 10 or more
jurors agree;
(3) need not agree on what particular evidence
supports an affirmative finding on the issue; and
(4) shall consider mitigating evidence to be evidence
that a juror might regard as reducing the defendant's moral
blameworthiness.
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) and a negative finding on an issue
submitted under Subsection (e)(1), the court shall sentence the
defendant to death. If the jury returns a negative finding on any
issue submitted under Subsection (b) or an affirmative finding on
an issue submitted under Subsection (e)(1) or is unable to answer
any issue submitted under Subsection (b) or (e), the court shall
sentence the defendant to imprisonment in the Texas Department of
Criminal Justice for life without parole.
(h) The judgment of conviction and sentence of death shall
be subject to automatic review by the Court of Criminal Appeals.
SECTION 1.05. Chapter 38, Code of Criminal Procedure, is
amended by adding Article 38.06 to read as follows:
Art. 38.06. CERTAIN REPORTS AND DATA USED TO COMPILE THOSE
REPORTS. The report described by Section 411.052, Government Code,
and data used to compile the report are not admissible as evidence
in a criminal trial.
SECTION 1.06. Section 3g(a), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery);
(G) Chapter 481, Health and Safety Code, for
which punishment is increased under:
(i) Section 481.140, Health and Safety
Code; or
(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; [or]
(H) Section 22.011, Penal Code (Sexual assault);
or
(I) Section 43.25, Penal Code (Sexual
performance by a child), if the victim of the offense is younger
than 14 years of age at the time the offense is committed; or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
SECTION 1.07. Section 4(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; [or]
(4) is convicted [adjudged guilty] of an offense for
which punishment is increased under Section 481.134(c), (d), (e),
or (f), Health and Safety Code, if it is shown that the defendant
has been previously convicted of an offense for which punishment
was increased under any one of those subsections;
(5) is convicted of an offense listed in Section
3g(a)(1)(C), (E), (H), or (I), if the victim of the offense was
younger than 14 years of age at the time the offense was committed;
or
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 14 years
of age at the time the offense was committed and the actor committed
the offense with the intent to violate or abuse the victim sexually.
SECTION 1.08. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Section 49.04, 49.05, 49.06, 49.07, or
49.08, Penal Code; or
(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections; [or]
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; or
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3), Penal Code.
SECTION 1.09. Article 60.051, Code of Criminal Procedure,
is amended by adding Subsection (g) to read as follows:
(g) In addition to the information described by Subsections
(a)-(f), information in the computerized criminal history system
must include the age of the victim of the offense if the defendant
was arrested for or charged with an offense under:
(1) Section 21.02 (Continuous sexual abuse of young
child or children), Penal Code;
(2) Section 21.11 (Indecency with a child), Penal
Code;
(3) Section 22.011 (Sexual assault) or 22.021
(Aggravated sexual assault), Penal Code;
(4) Section 43.25 (Sexual performance by a child),
Penal Code;
(5) Section 20.04(a)(4) (Aggravated kidnapping),
Penal Code, if the defendant committed the offense with intent to
violate or abuse the victim sexually; or
(6) Section 30.02 (Burglary), Penal Code, if the
offense is punishable under Subsection (d) of that section and the
defendant committed the offense with intent to commit an offense
described by Subdivision (2), (3), or (5).
SECTION 1.10. Subchapter D, Chapter 411, Government Code,
is amended by adding Section 411.052 to read as follows:
Sec. 411.052. REPORT CONCERNING CERTAIN SEXUAL OFFENSES.
(a) Not later than January 15 of each odd-numbered year, the
department shall submit to the governor, the lieutenant governor,
the speaker of the house of representatives, and the presiding
officer of each standing committee of the senate and the house of
representatives that has primary jurisdiction over criminal
jurisprudence a report summarizing the arrests, prosecutions, and
final dispositions concerning all offenses described by Article
60.051(g), Code of Criminal Procedure, the victims of which are
younger than 14 years of age at the time the offenses were
committed.
(b) The report described by Subsection (a) must indicate
each circumstance in which the offense for which a defendant was
arrested was different from the offense with which the defendant
was charged.
SECTION 1.11. Subchapter C, Chapter 499, Government Code,
is amended by adding Section 499.054 to read as follows:
Sec. 499.054. SEX OFFENDER TREATMENT PROGRAM. (a) In this
section, "sex offender treatment program" means a comprehensive
treatment program that:
(1) psychologically evaluates inmates who are serving
a sentence for an offense described by Section 12.42(c)(2), Penal
Code;
(2) addresses the motivation and psychosocial
education of inmates described by Subdivision (1); and
(3) provides relapse prevention training for inmates
described by Subdivision (1), including interruption of cognitive
and behavioral patterns that have led the inmate to commit criminal
offenses.
(b) The department shall establish a sex offender treatment
program to treat inmates who are serving sentences for offenses
punishable under Section 21.02(g) or 22.021(f), Penal Code. The
department shall require an inmate described by this subsection to
participate in and complete the sex offender treatment program
before being released from the department.
(c) The department may establish a sex offender treatment
program to treat inmates other than those inmates described by
Subsection (b).
SECTION 1.12. Sections 508.145(a) and (d), Government Code,
are amended to read as follows:
(a) An inmate under sentence of death, [or] serving a
sentence of life imprisonment without parole, serving a sentence
for an offense under Section 21.02, Penal Code, or serving a
sentence for an offense under Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section is not eligible for
release on parole.
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),
Article 42.12, Code of Criminal Procedure, or for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2) of that article, is not eligible for release on parole
until the inmate's actual calendar time served, without
consideration of good conduct time, equals one-half of the sentence
or 30 calendar years, whichever is less, but in no event is the
inmate eligible for release on parole in less than two calendar
years.
SECTION 1.13. Section 508.149(a), Government Code, is
amended to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense [a second degree felony or a third
degree felony] under Section 21.11, Penal Code;
(6) a [second degree] felony under Section 22.011,
Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code; [or]
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) a first or second degree felony under Section
43.25, Penal Code, the victim of which was younger than 14 years of
age at the time the offense was committed; or
(16) an offense under Section 21.02, Penal Code.
SECTION 1.14. Subchapter C, Chapter 552, Government Code,
is amended by adding Section 552.149 to read as follows:
Sec. 552.149. EXCEPTION: DATA USED TO COMPILE CERTAIN
REPORTS. The data used to compile the report described by Section
411.052, including the name or identity of a victim of an offense
about which information is included in the report, is confidential
and not subject to disclosure under this chapter, unless another
provision of this chapter specifically requires the disclosure of
the data.
SECTION 1.15. Section 841.082, Health and Safety Code, is
amended by adding Subsection (b) to read as follows:
(b) A tracking service to which a person is required to
submit under Subsection (a)(5) must:
(1) track the person's location in real time;
(2) be able to provide a real-time report of the
person's location to the case manager at the case manager's request;
and
(3) periodically provide a cumulative report of the
person's location to the case manager.
SECTION 1.16. Subchapter E, Chapter 841, Health and Safety
Code, is amended by adding Section 841.084 to read as follows:
Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding
Section 841.146(c), a civilly committed person who is not indigent
is responsible for the cost of the tracking service required by
Section 841.082 and monthly shall pay to the council the amount that
the council determines will be necessary to defray the cost of
operating the service with respect to the person during the
subsequent month. The council immediately shall transfer the money
to the appropriate service provider.
SECTION 1.17. Section 12.42(b), Penal Code, is amended to
read as follows:
(b) Except as provided by Subsection (c)(2), if [If] it is
shown on the trial of a second-degree felony that the defendant has
been once before convicted of a felony, on conviction he shall be
punished for a first-degree felony.
SECTION 1.18. Section 12.42(c), Penal Code, is amended to
read as follows:
(c)(1) If [Except as provided by Subdivision (2), if] it is
shown on the trial of a first-degree felony that the defendant has
been once before convicted of a felony, on conviction he shall be
punished by imprisonment in the [institutional division of the]
Texas Department of Criminal Justice for life, or for any term of
not more than 99 years or less than 15 years. In addition to
imprisonment, an individual may be punished by a fine not to exceed
$10,000.
(2) Notwithstanding Subdivision (1), a [A] defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice [institutional division] for life if:
(A) the defendant is convicted of an offense:
(i) under Section 21.11(a)(1), 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, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(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).
(3) Notwithstanding Subdivision (1) or (2), a
defendant shall be punished for a capital felony if it is shown on
the trial of an offense under Section 22.021 otherwise punishable
under Subsection (f) of that section that the defendant has
previously been finally convicted of:
(A) an offense under Section 22.021 that was
committed against a victim described by Section 22.021(f)(1) or was
committed against a victim described by Section 22.021(f)(2) and in
a manner described by Section 22.021(f)(2); or
(B) an offense that was committed under the laws
of another state that:
(i) contains elements that are
substantially similar to the elements of an offense under Section
22.021; and
(ii) was committed against a victim
described by Section 22.021(f)(1) or was committed against a victim
described by Section 22.021(f)(2) and in a manner substantially
similar to a manner described by Section 22.021(f)(2).
(4) Notwithstanding Subdivision (1) or (2), a
defendant shall be punished by imprisonment in the Texas Department
of Criminal Justice for life without parole if it is shown on the
trial of an offense under Section 21.02 that the defendant has
previously been finally convicted of:
(A) an offense under Section 21.02; or
(B) an offense that was committed under the laws
of another state and that contains elements that are substantially
similar to the elements of an offense under Section 21.02.
SECTION 1.19. Section 12.42(d), Penal Code, is amended to
read as follows:
(d) Except as provided by Subsection (c)(2), if [If] it is
shown on the trial of a felony offense other than a state jail
felony punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two felony offenses, and the
second previous felony conviction is for an offense that occurred
subsequent to the first previous conviction having become final, on
conviction he shall be punished by imprisonment in the
institutional division of the Texas Department of Criminal Justice
for life, or for any term of not more than 99 years or less than 25
years.
SECTION 1.20. Chapter 21, Penal Code, is amended by adding
Section 21.02 to read as follows:
Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR
CHILDREN. (a) In this section, "child" has the meaning assigned by
Section 22.011(c).
(b) A person commits an offense if:
(1) during a period that is 30 or more days in
duration, the person commits two or more acts of sexual abuse,
regardless of whether the acts of sexual abuse are committed
against one or more victims; and
(2) at the time of the commission of each of the acts
of sexual abuse, the actor is 17 years of age or older and the victim
is a child younger than 14 years of age.
(c) For purposes of this section, "act of sexual abuse"
means any act that is a violation of one or more of the following
penal laws:
(1) aggravated kidnapping under Section 20.04(a)(4),
if the defendant committed the offense with the intent to violate or
abuse the victim sexually;
(2) sexual assault under Section 22.011;
(3) aggravated sexual assault under Section 22.021;
(4) burglary under Section 30.02, if the offense is
punishable under Subsection (d) of that section and the defendant
committed the offense with the intent to commit an offense listed in
Subdivisions (1)-(3); and
(5) sexual performance by a child under Section 43.25.
(d) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific acts of sexual
abuse were committed by the defendant or the exact date when those
acts were committed. The jury must agree unanimously that the
defendant, during a period that is 30 or more days in duration,
committed two or more acts of sexual abuse.
(e) A defendant may not be convicted in the same criminal
action of an offense listed under Subsection (c) the victim of which
is the same victim as a victim of the offense alleged under
Subsection (b) unless the offense listed in Subsection (c):
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (b) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (b).
(f) A defendant may not be charged with more than one count
under Subsection (b) if all of the specific acts of sexual abuse
that are alleged to have been committed are alleged to have been
committed against a single victim.
(g) An offense under this section is 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.
SECTION 1.21. Section 22.021, Penal Code, is amended by
adding Subsection (f) to read as follows:
(f) The minimum term of imprisonment for an offense under
this section is increased to 25 years if:
(1) the victim of the offense is younger than six years
of age at the time the offense is committed; or
(2) the victim of the offense is younger than 14 years
of age at the time the offense is committed and the actor:
(A) commits the offense in a manner described by
Subsection (a)(2)(A); or
(B) administers or provides a controlled
substance, other than a controlled substance described by
Subsection (a)(2)(A)(vi), or alcohol to the victim of the offense
with the intent of facilitating the commission of the offense.
SECTION 1.22. Section 38.05, Penal Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) Except as provided by Subsection (d), an [An] offense
under this section is a Class A misdemeanor.
(d) An [, except that the] offense under this section is a
felony of the third degree if the person who is harbored, concealed,
provided with a means of avoiding arrest or effecting escape, or
warned of discovery or apprehension is under arrest for, charged
with, or convicted of a felony, including an offense under Section
62.102, Code of Criminal Procedure, or is in custody or detention
for, is alleged in a petition to have engaged in, or has been
adjudicated as having engaged in delinquent conduct that violates a
penal law of the grade of felony, including an offense under Section
62.102, Code of Criminal Procedure, and the person charged under
this section knew that the person they harbored, concealed,
provided with a means of avoiding arrest or effecting escape, or
warned of discovery or apprehension is under arrest for, charged
with, or convicted of a felony, or is in custody or detention for,
is alleged in a petition to have engaged in, or has been adjudicated
as having engaged in delinquent conduct that violates a penal law of
the grade of felony.
SECTION 1.23. Sections 43.25(c) and (e), Penal Code, are
amended to read as follows:
(c) An offense under Subsection (b) is a felony of the
second degree, except that the offense is a felony of the first
degree if the victim is younger than 14 years of age at the time the
offense is committed.
(e) An offense under Subsection (d) is a felony of the third
degree, except that the offense is a felony of the second degree if
the victim is younger than 14 years of age at the time the offense is
committed.
ARTICLE 2. PRIORITIZATION OF CASES INVOLVING THE PROSECUTION OF
CERTAIN OFFENSES
SECTION 2.01. Subchapter A, Chapter 24, Government Code, is
amended by adding Section 24.023 to read as follows:
Sec. 24.023. PRIORITIZATION OF CASES INVOLVING CERTAIN
SEXUAL OFFENSES. (a) In supervising the expeditious movement of
caseloads under Section 74.092, the local administrative district
judge or, if applicable, the presiding judge of a division
responsible for trying criminal cases shall ensure that priority is
given to cases involving the prosecution of sexually violent
offenses, the victims of which are children.
(b) For purposes of this section:
(1) "Child" means a person who is younger than 14 years
of age.
(2) "Sexually violent offense" means an offense that
is described by Article 62.001(6)(A), (B), or (C), Code of Criminal
Procedure.
SECTION 2.02. Subchapter A, Chapter 25, Government Code, is
amended by adding Section 25.0019 to read as follows:
Sec. 25.0019. PRIORITIZATION OF CASES INVOLVING CERTAIN
SEXUAL OFFENSES. (a) In supervising the expeditious movement of
caseloads under Section 74.092, the local administrative statutory
county court judge shall ensure that priority is given to cases
involving the prosecution of sexually violent offenses, the victims
of which are children.
(b) For purposes of this section:
(1) "Child" means a person who is younger than 14 years
of age.
(2) "Sexually violent offense" means an offense that
is described by Article 62.001(6)(A), (B), or (C), Code of Criminal
Procedure.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Section 16.0045(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person must bring suit for personal injury not later
than five years after the day the cause of action accrues if the
injury arises as a result of conduct that violates:
(1) Section 22.011, Penal Code (sexual assault); [or]
(2) Section 22.021, Penal Code (aggravated sexual
assault); or
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children).
SECTION 3.02. Section 33.013(b), Civil Practice and
Remedies Code, is amended to read as follows:
(b) Notwithstanding Subsection (a), each liable defendant
is, in addition to his liability under Subsection (a), jointly and
severally liable for the damages recoverable by the claimant under
Section 33.012 with respect to a cause of action if:
(1) the percentage of responsibility attributed to the
defendant with respect to a cause of action is greater than 50
percent; or
(2) the defendant, with the specific intent to do harm
to others, acted in concert with another person to engage in the
conduct described in the following provisions of the Penal Code and
in so doing proximately caused the damages legally recoverable by
the claimant:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping);
(D) Section 22.02 (aggravated assault);
(E) Section 22.011 (sexual assault);
(F) Section 22.021 (aggravated sexual assault);
(G) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(H) Section 32.21 (forgery);
(I) Section 32.43 (commercial bribery);
(J) Section 32.45 (misapplication of fiduciary
property or property of financial institution);
(K) Section 32.46 (securing execution of
document by deception);
(L) Section 32.47 (fraudulent destruction,
removal, or concealment of writing); [or]
(M) conduct described in Chapter 31 the
punishment level for which is a felony of the third degree or
higher; or
(N) Section 21.02 (continuous sexual abuse of
young child or children).
SECTION 3.03. Section 41.008(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) This section does not apply to a cause of action against
a defendant from whom a plaintiff seeks recovery of exemplary
damages based on conduct described as a felony in the following
sections of the Penal Code if, except for Sections 49.07 and 49.08,
the conduct was committed knowingly or intentionally:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.04 (aggravated kidnapping);
(4) Section 22.02 (aggravated assault);
(5) Section 22.011 (sexual assault);
(6) Section 22.021 (aggravated sexual assault);
(7) Section 22.04 (injury to a child, elderly
individual, or disabled individual, but not if the conduct occurred
while providing health care as defined by Section 74.001);
(8) Section 32.21 (forgery);
(9) Section 32.43 (commercial bribery);
(10) Section 32.45 (misapplication of fiduciary
property or property of financial institution);
(11) Section 32.46 (securing execution of document by
deception);
(12) Section 32.47 (fraudulent destruction, removal,
or concealment of writing);
(13) Chapter 31 (theft) the punishment level for which
is a felony of the third degree or higher;
(14) Section 49.07 (intoxication assault); [or]
(15) Section 49.08 (intoxication manslaughter); or
(16) Section 21.02 (continuous sexual abuse of young
child or children).
SECTION 3.04. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
[or]
(16) capital murder as described by Section 19.03,
Penal Code; or
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code.
SECTION 3.05. Article 7A.01(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person who is the victim of an offense under Section
21.02, 22.011, or 22.021, Penal Code, or a prosecuting attorney
acting on behalf of the person, may file an application for a
protective order under this chapter without regard to the
relationship between the applicant and the alleged offender.
SECTION 3.06. Section 5(a), Article 11.071, Code of
Criminal Procedure, is amended to read as follows:
(a) If a subsequent application for a writ of habeas corpus
is filed after filing an initial application, a court may not
consider the merits of or grant relief based on the subsequent
application unless the application contains sufficient specific
facts establishing that:
(1) the current claims and issues have not been and
could not have been presented previously in a timely initial
application or in a previously considered application filed under
this article or Article 11.07 because the factual or legal basis for
the claim was unavailable on the date the applicant filed the
previous application;
(2) by a preponderance of the evidence, but for a
violation of the United States Constitution no rational juror could
have found the applicant guilty beyond a reasonable doubt; or
(3) by clear and convincing evidence, but for a
violation of the United States Constitution no rational juror would
have answered in the state's favor one or more of the special issues
that were submitted to the jury in the applicant's trial under
Article 37.071, [or] 37.0711, or 37.072.
SECTION 3.07. Article 15.051(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A peace officer or an attorney representing the state
may not require a polygraph examination of a person who charges or
seeks to charge in a complaint the commission of an offense under
Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
SECTION 3.08. Article 17.03(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.021 (Aggravated Sexual Assault);
(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(F) Section 29.03 (Aggravated Robbery);
(G) Section 30.02 (Burglary); [or]
(H) Section 71.02 (Engaging in Organized
Criminal Activity); or
(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
SECTION 3.09. Article 17.032(a), Code of Criminal
Procedure, is amended to read as follows:
(a) In this article, "violent offense" means an offense
under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 21.11 (indecency with a child);
(6) Section 22.01(a)(1) (assault);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10) Section 22.04 (injury to a child, elderly
individual, or disabled individual); [or]
(11) Section 29.03 (aggravated robbery); or
(12) Section 21.02 (continuous sexual abuse of young
child or children).
SECTION 3.10. Article 17.091, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Section 3g, Article
42.12, or an offense described by Article 62.001(5) [62.01(5)], the
judge or magistrate shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 3.11. Article 18.021(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A search warrant may be issued to search for and
photograph a child who is alleged to be the victim of the offenses
of injury to a child as prohibited [defined] by Section 22.04, Penal
Code[, as amended]; sexual assault of a child as prohibited
[defined] by Section 22.011(a), Penal Code[, as amended]; [or]
aggravated sexual assault of a child as prohibited [defined] by
Section 22.021, Penal Code; or continuous sexual abuse of young
child or children as prohibited by Section 21.02, Penal Code.
SECTION 3.12. Article 21.31(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person who is indicted for or who waives indictment
for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
Penal Code, shall, at the direction of the court, undergo a medical
procedure or test designed to show or help show whether the person
has a sexually transmitted disease or has acquired immune
deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
infection, antibodies to HIV, or infection with any other probable
causative agent of AIDS. The court may direct the person to undergo
the procedure or test on its own motion or on the request of the
victim of the alleged offense. If the person refuses to submit
voluntarily to the procedure or test, the court shall require the
person to submit to the procedure or test. The court may require a
defendant previously required under this article to undergo a
medical procedure or test on indictment for an offense to undergo a
subsequent medical procedure or test following conviction of the
offense. The person performing the procedure or test shall make the
test results available to the local health authority, and the local
health authority shall be required to make the notification of the
test result to the victim of the alleged offense and to the
defendant.
SECTION 3.13. Section 3, Article 31.08, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. Except for the review of a death sentence under
Section 2(h), Article 37.071, or under Section 2(h), Article 37.072
[37.071(h) of this code], an appeal taken in a cause returned to the
original county under this article must be docketed in the
appellate district in which the county of original venue is
located.
SECTION 3.14. Section 2(b), Article 37.07, Code of Criminal
Procedure, is amended to read as follows:
(b) Except as provided by [in] Article 37.071 or 37.072, if
a finding of guilty is returned, it shall then be the responsibility
of the judge to assess the punishment applicable to the offense;
provided, however, that (1) in any criminal action where the jury
may recommend community supervision and the defendant filed his
sworn motion for community supervision before the trial began, and
(2) in other cases where the defendant so elects in writing before
the commencement of the voir dire examination of the jury panel, the
punishment shall be assessed by the same jury, except as provided in
Section 3(c) of this article and in Article 44.29. If a finding of
guilty is returned, the defendant may, with the consent of the
attorney for the state, change his election of one who assesses the
punishment.
SECTION 3.15. Sections 4(a) and (b), Article 37.07, Code of
Criminal Procedure, are amended to read as follows:
(a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
if the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, of this code, unless the defendant has
been convicted of an offense under Section 21.02, Penal Code, an
offense under Section 22.021, Penal Code, that is punishable under
Subsection (f) of that section, or a capital felony, the court shall
charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served equals one-half of the sentence
imposed or 30 years, whichever is less, without consideration of
any good conduct time he may earn. If the defendant is sentenced to
a term of less than four years, he must serve at least two years
before he is eligible for parole. Eligibility for parole does not
guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
(b) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense is punishable as a felony of the first degree,
if a prior conviction has been alleged for enhancement of
punishment as provided by Section 12.42(b), (c)(1) or (2) [(c)], or
(d), Penal Code, or if the offense is a felony not designated as a
capital felony or a felony of the first, second, or third degree and
the maximum term of imprisonment that may be imposed for the offense
is longer than 60 years, unless the offense of which the jury has
found the defendant guilty is an offense that is punishable under
Section 21.02(g), Penal Code, or is listed in Section 3g(a)(1),
Article 42.12, of this code or the judgment contains an affirmative
finding under Section 3g(a)(2), Article 42.12, of this code, the
court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served plus any good conduct time
earned equals one-fourth of the sentence imposed or 15 years,
whichever is less. Eligibility for parole does not guarantee that
parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 3.16. Section 1, Article 38.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies only to a hearing or proceeding
in which the court determines that a child younger than 13 years of
age would be unavailable to testify in the presence of the defendant
about an offense defined by any of the following sections of the
Penal Code:
(1) Section 19.02 (Murder);
(2) Section 19.03 (Capital Murder);
(3) Section 19.04 (Manslaughter);
(4) Section 20.04 (Aggravated Kidnapping);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.011 (Sexual Assault);
(7) Section 22.02 (Aggravated Assault);
(8) Section 22.021 (Aggravated Sexual Assault);
(9) Section 22.04(e) (Injury to a Child, Elderly
Individual, or Disabled Individual);
(10) Section 22.04(f) (Injury to a Child, Elderly
Individual, or Disabled Individual), if the conduct is committed
intentionally or knowingly;
(11) Section 25.02 (Prohibited Sexual Conduct);
(12) Section 29.03 (Aggravated Robbery); [or]
(13) Section 43.25 (Sexual Performance by a Child); or
(14) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children).
SECTION 3.17. Article 42.017, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.017. FINDING REGARDING AGE-BASED OFFENSE. In the
trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or
43.25, Penal Code, the judge shall make an affirmative finding of
fact and enter the affirmative finding in the judgment in the case
if the judge determines that:
(1) at the time of the offense, the defendant was
younger than 19 years of age and the victim was at least 13 years of
age; and
(2) the conviction is based solely on the ages of the
defendant and the victim or intended victim at the time of the
offense.
SECTION 3.18. Article 44.251, Code of Criminal Procedure,
is amended by amending Subsections (a) and (c) and adding
Subsection (d) to read as follows:
(a) The court of criminal appeals shall reform a sentence of
death to a sentence of confinement in the [institutional division
of the] Texas Department of Criminal Justice for life without
parole if the court finds that there is legally insufficient
evidence to support an affirmative answer to an issue submitted to
the jury under Section 2(b), Article 37.071, or Section 2(b),
Article 37.072.
(c) If the court of criminal appeals finds reversible error
that affects the punishment stage of the trial only, as described by
Subsection (b) of this article, and the prosecuting attorney does
not file a motion for reformation of sentence in the period
described by that subsection, the defendant shall receive a new
sentencing trial in the manner required by Article 44.29(c) or (d),
as applicable [of this code].
(d) The court of criminal appeals shall reform a sentence of
death imposed under Section 12.42(c)(3), Penal Code, to a sentence
of imprisonment in the Texas Department of Criminal Justice for
life without parole if the United States Supreme Court:
(1) finds that the imposition of the death penalty
under Section 12.42(c)(3), Penal Code, violates the United States
Constitution; and
(2) issues an order that is not inconsistent with this
article.
SECTION 3.19. Article 44.29, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) If any court sets aside or invalidates the sentence of a
defendant convicted of an offense punishable as a capital felony
under Section 12.42(c)(3), Penal Code, and sentenced to death on
the basis of any error affecting punishment only, the court shall
not set the conviction aside but rather shall commence a new
punishment hearing under Article 37.072, as if a finding of guilt
had been returned. The court shall empanel a jury for the
sentencing stage of the trial in the same manner as a jury is to be
empaneled by the court in other trials before the court for the
offense of which the defendant was convicted. At the new punishment
hearing, the court shall permit both the state and the defendant to
introduce evidence as permitted by Article 37.072.
SECTION 3.20. Article 56.01, Code of Criminal Procedure, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Sexual assault" includes an offense under
Section 21.02, Penal Code.
SECTION 3.21. Article 56.02(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of
the victim or his family into consideration as an element in fixing
the amount of bail for the accused;
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled prior to the event; and
(B) by an appellate court of decisions of the
court, after the decisions are entered but before the decisions are
made public;
(4) the right to be informed, when requested, by a
peace officer concerning the defendant's right to bail and the
procedures in criminal investigations and by the district
attorney's office concerning the general procedures in the criminal
justice system, including general procedures in guilty plea
negotiations and arrangements, restitution, and the appeals and
parole process;
(5) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and his family by
testimony, written statement, or any other manner prior to any
sentencing of the offender;
(6) the right to receive information regarding
compensation to victims of crime as provided by Subchapter B,
including information related to the costs that may be compensated
under that subchapter and the amount of compensation, eligibility
for compensation, and procedures for application for compensation
under that subchapter, the payment for a medical examination under
Article 56.06 for a victim of a sexual assault, and when requested,
to referral to available social service agencies that may offer
additional assistance;
(7) the right to be informed, upon request, of parole
procedures, to participate in the parole process, to be notified,
if requested, of parole proceedings concerning a defendant in the
victim's case, to provide to the Board of Pardons and Paroles for
inclusion in the defendant's file information to be considered by
the board prior to the parole of any defendant convicted of any
crime subject to this subchapter, and to be notified, if requested,
of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the offender and
relatives of the offender, before testifying in any proceeding
concerning the offender; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the offender and the offender's relatives and
witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to counseling, on request, regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection and testing for acquired
immune deficiency syndrome (AIDS), human immunodeficiency virus
(HIV) infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, if the offense is an offense under
Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
(12) the right to request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice;
(13) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the Board of Pardons and Paroles before an
inmate is released on parole; and
(14) except as provided by Article 56.06(a), for a
victim of a sexual assault, the right to a forensic medical
examination if the sexual assault is reported to a law enforcement
agency within 96 hours of the assault.
SECTION 3.22. (a) Article 62.001(5), Code of Criminal
Procedure, as renumbered from former Subdivision (5), Article
62.01, Code of Criminal Procedure, and amended by Chapter 1008,
Acts of the 79th Legislature, Regular Session, 2005, is reenacted
and amended to conform to an amendment to former Subdivision (5),
Article 62.01, by Chapter 1273, Acts of the 79th Legislature,
Regular Session, 2005, and is further amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), or (E);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), [or]
(G), or (J), but not if the violation results in a deferred
adjudication; [or]
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication; or
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code.
(b) Section 2, Chapter 1273, Acts of the 79th Legislature,
Regular Session, 2005, is repealed.
SECTION 3.23. Article 62.001(6), Code of Criminal
Procedure, is amended to read as follows:
(6) "Sexually violent offense" means any of the
following offenses committed by a person 17 years of age or older:
(A) an offense under Section 21.02 (Continuous
sexual abuse of young child or children), 21.11(a)(1) (Indecency
with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
sexual assault), Penal Code;
(B) an offense under Section 43.25 (Sexual
performance by a child), Penal Code;
(C) an offense under Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the defendant committed the
offense with intent to violate or abuse the victim sexually;
(D) an offense under Section 30.02 (Burglary),
Penal Code, if the offense is punishable under Subsection (d) of
that section and the defendant committed the offense with intent to
commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
or
(E) an offense under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice if the offense contains elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (C), or (D).
SECTION 3.24. Article 102.0186(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A person convicted of an offense under Section 21.02,
21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26,
Penal Code, shall pay $100 on conviction of the offense.
SECTION 3.25. Section 25.0341(a), Education Code, as added
by Chapter 997, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(a) This section applies only to:
(1) a student:
(A) who has been convicted of or placed on
deferred adjudication for the offense of continuous sexual abuse of
young child or children under Section 21.02, Penal Code, sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code, committed against another
student who, at the time the offense occurred, was assigned to the
same campus as the student convicted or placed on deferred
adjudication;
(B) who has been adjudicated under Section 54.03,
Family Code, as having engaged in conduct described by Paragraph
(A);
(C) whose prosecution under Section 53.03,
Family Code, for engaging in conduct described by Paragraph (A) has
been deferred; or
(D) who has been placed on probation under
Section 54.04(d)(1), Family Code, for engaging in conduct described
by Paragraph (A); and
(2) a student who is the victim of conduct described by
Subdivision (1)(A).
SECTION 3.26. Section 37.007(a), Education Code, is amended
to read as follows:
(a) A student shall be expelled from a school if the
student, on school property or while attending a school-sponsored
or school-related activity on or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon under
Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code; [or]
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
SECTION 3.27. Section 33.009, Family Code, is amended to
read as follows:
Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. A
court or the guardian ad litem or attorney ad litem for the minor
shall report conduct reasonably believed to violate Section 21.02,
22.011, 22.021, or 25.02, Penal Code, based on information obtained
during a confidential court proceeding held under this chapter to:
(1) any local or state law enforcement agency;
(2) the Department of Family and Protective [and
Regulatory] Services, if the alleged conduct involves a person
responsible for the care, custody, or welfare of the child;
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged conduct
occurred, if the alleged conduct occurred in a facility operated,
licensed, certified, or registered by a state agency; or
(4) an appropriate agency designated by the court.
SECTION 3.28. Section 33.010, Family Code, is amended to
read as follows:
Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other
law, information obtained by the Department of Family and
Protective [and Regulatory] Services or another entity under
Section 33.008 or 33.009 is confidential except to the extent
necessary to prove a violation of Section 21.02, 22.011, 22.021, or
25.02, Penal Code.
SECTION 3.29. Section 156.104, Family Code, is amended to
read as follows:
Sec. 156.104. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
ABUSE; PENALTY. (a) Except as provided by Section 156.1045, the
conviction of a conservator, or an order deferring adjudication
with regard to the conservator, for an offense involving the abuse
of a child under Section 21.02, 21.11, 22.011, or 22.021, Penal
Code, is a material and substantial change of circumstances
sufficient to justify a temporary order and modification of an
existing court order or portion of a decree that provides for the
appointment of a conservator or that sets the terms and conditions
of conservatorship or for the possession of or access to a child.
(b) A person commits an offense if the person files a suit to
modify an order or portion of a decree based on the grounds
permitted under Subsection (a) and the person knows that the person
against whom the motion is filed has not been convicted of an
offense, or received deferred adjudication for an offense, under
Section 21.02, 21.11, 22.011, or 22.021, Penal Code. An offense
under this subsection is a Class B misdemeanor.
SECTION 3.30. Section 161.001, Family Code, is amended to
read as follows:
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code or adjudicated under Title 3 for conduct that caused the death
or serious injury of a child and that would constitute a violation
of one of the following Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child); [and]
(xiii) Section 43.26 (possession or
promotion of child pornography); and
(xiv) Section 21.02 (continuous sexual
abuse of young child or children);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency has
made reasonable efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription, as defined
by Section 261.001;
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; or
(T) been convicted of the murder of the other
parent of the child under Section 19.02 or 19.03, Penal Code, or
under a law of another state, federal law, the law of a foreign
country, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an
offense under Section 19.02 or 19.03, Penal Code; and
(2) that termination is in the best interest of the
child.
SECTION 3.31. Section 161.007, Family Code, is amended to
read as follows:
Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
CRIMINAL ACT. The court may order the termination of the
parent-child relationship of a parent and a child if the court finds
that:
(1) the parent has been convicted of an offense
committed under Section 21.02, 22.011, 22.021, or 25.02, Penal
Code;
(2) as a direct result of the commission of the offense
by the parent, the victim of the offense became pregnant with the
parent's child; and
(3) termination is in the best interest of the child.
SECTION 3.32. Section 261.001(1), Family Code, is amended
to read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or children
under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011,
Penal Code, or aggravated sexual assault under Section 22.021,
Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code; or
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code.
SECTION 3.33. Section 262.2015(b), Family Code, is amended
to read as follows:
(b) The court may find under Subsection (a) that a parent
has subjected the child to aggravated circumstances if:
(1) the parent abandoned the child without
identification or a means for identifying the child;
(2) the child is a victim of serious bodily injury or
sexual abuse inflicted by the parent or by another person with the
parent's consent;
(3) the parent has engaged in conduct against the
child that would constitute an offense under the following
provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.011 (sexual assault);
(F) Section 22.02 (aggravated assault);
(G) Section 22.021 (aggravated sexual assault);
(H) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(I) Section 22.041 (abandoning or endangering
child);
(J) Section 25.02 (prohibited sexual conduct);
(K) Section 43.25 (sexual performance by a
child); [or]
(L) Section 43.26 (possession or promotion of
child pornography); or
(M) Section 21.02 (continuous sexual abuse of
young child or children);
(4) the parent voluntarily left the child alone or in
the possession of another person not the parent of the child for at
least six months without expressing an intent to return and without
providing adequate support for the child;
(5) the parent's parental rights with regard to
another child have been involuntarily terminated based on a finding
that the parent's conduct violated Section 161.001(1)(D) or (E) or
a substantially equivalent provision of another state's law;
(6) the parent has been convicted for:
(A) the murder of another child of the parent and
the offense would have been an offense under 18 U.S.C. Section
1111(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(B) the voluntary manslaughter of another child
of the parent and the offense would have been an offense under 18
U.S.C. Section 1112(a) if the offense had occurred in the special
maritime or territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Subdivision (A) or (B); or
(D) the felony assault of the child or another
child of the parent that resulted in serious bodily injury to the
child or another child of the parent; or
(7) the parent's parental rights with regard to two
other children have been involuntarily terminated.
SECTION 3.34. Section 411.1471(a), Government Code, is
amended to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25; [or]
(I) Section 43.26; or
(J) Section 21.02;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense under Section 21.07 or
21.08, Penal Code.
SECTION 3.35. Section 420.003(4), Government Code, is
amended to read as follows:
(4) "Sexual assault" means any act or attempted act as
described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal
Code.
SECTION 3.36. Section 499.027(b), Government Code, is
amended to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an
elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection; [or]
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection; or
(Y) Section 21.02 (continuous sexual abuse of
young child or children); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 3.37. Section 501.061(a), Government Code, is
amended to read as follows:
(a) A physician employed or retained by the department may
perform an orchiectomy on an inmate only if:
(1) the inmate has been convicted of an offense under
Section 21.02, 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal
Code, and has previously been convicted under one or more of those
sections;
(2) the inmate is 21 years of age or older;
(3) the inmate requests the procedure in writing;
(4) the inmate signs a statement admitting the inmate
committed the offense described by Subsection (a)(1) for which the
inmate has been convicted;
(5) a psychiatrist and a psychologist who are
appointed by the department and have experience in the treatment of
sex offenders:
(A) evaluate the inmate and determine that the
inmate is a suitable candidate for the procedure; and
(B) counsel the inmate before the inmate
undergoes the procedure;
(6) the physician obtains the inmate's informed,
written consent to undergo the procedure;
(7) the inmate has not previously requested that the
department perform the procedure and subsequently withdrawn the
request; and
(8) the inmate consults with a monitor as provided by
Subsection (f).
SECTION 3.38. Section 508.046, Government Code, is amended
to read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
21.02, 21.11(a)(1), or 22.021, Penal Code, or who is required under
Section 508.145(c) to serve 35 calendar years before becoming
eligible for release on parole, all members of the board must vote
on the release on parole of the inmate, and at least two-thirds of
the members must vote in favor of the release on parole. A member of
the board may not vote on the release unless the member first
receives a copy of a written report from the department on the
probability that the inmate would commit an offense after being
released on parole.
SECTION 3.39. Section 508.117(g), Government Code, is
amended by adding Subdivision (2-a) to read as follows:
(2-a) "Sexual assault" includes an offense under
Section 21.02, Penal Code.
SECTION 3.40. Section 508.151(a), Government Code, is
amended to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
or an offense under Section 21.02, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Section 3g(a)(2), Article
42.12, Code of Criminal Procedure.
SECTION 3.41. Section 508.187(a), Government Code, is
amended to read as follows:
(a) This section applies only to a releasee serving a
sentence for an offense under:
(1) Section 43.25 or 43.26, Penal Code;
(2) Section 21.02, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) Section 20.04(a)(4), Penal Code, if the releasee
committed the offense with the intent to violate or abuse the victim
sexually; or
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the releasee committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3).
SECTION 3.42. Section 508.189(a), Government Code, is
amended to read as follows:
(a) A parole panel shall require as a condition of parole or
mandatory supervision that a releasee convicted of an offense under
Section 21.02, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
43.26, Penal Code, pay to the division a parole supervision fee of
$5 each month during the period of parole supervision.
SECTION 3.43. Section 242.126(c), Health and Safety Code,
is amended to read as follows:
(c) The agency shall begin the investigation:
(1) within 24 hours of receipt of the report or other
allegation, if the report of abuse or neglect or other complaint
alleges that:
(A) a resident's health or safety is in imminent
danger;
(B) a resident has recently died because of
conduct alleged in the report of abuse or neglect or other
complaint;
(C) a resident has been hospitalized or been
treated in an emergency room because of conduct alleged in the
report of abuse or neglect or other complaint;
(D) a resident has been a victim of any act or
attempted act described by Section 21.02, 21.11, 22.011, or 22.021,
Penal Code; or
(E) a resident has suffered bodily injury, as
that term is defined by Section 1.07, Penal Code, because of conduct
alleged in the report of abuse or neglect or other complaint; or
(2) before the end of the next working day after the
date of receipt of the report of abuse or neglect or other
complaint, if the report or complaint alleges the existence of
circumstances that could result in abuse or neglect and that could
place a resident's health or safety in imminent danger.
SECTION 3.44. Section 250.006(a), Health and Safety Code,
is amended to read as follows:
(a) A person for whom the facility is entitled to obtain
criminal history record information may not be employed in a
facility if the person has been convicted of an offense listed in
this subsection:
(1) an offense under Chapter 19, Penal Code (criminal
homicide);
(2) an offense under Chapter 20, Penal Code
(kidnapping and unlawful restraint);
(3) an offense under Section 21.02, Penal Code
(continuous sexual abuse of young child or children), or Section
21.11, Penal Code (indecency with a child);
(4) an offense under Section 22.011, Penal Code
(sexual assault);
(5) an offense under Section 22.02, Penal Code
(aggravated assault);
(6) an offense under Section 22.04, Penal Code (injury
to a child, elderly individual, or disabled individual);
(7) an offense under Section 22.041, Penal Code
(abandoning or endangering child);
(8) an offense under Section 22.08, Penal Code (aiding
suicide);
(9) an offense under Section 25.031, Penal Code
(agreement to abduct from custody);
(10) an offense under Section 25.08, Penal Code (sale
or purchase of a child);
(11) an offense under Section 28.02, Penal Code
(arson);
(12) an offense under Section 29.02, Penal Code
(robbery);
(13) an offense under Section 29.03, Penal Code
(aggravated robbery); or
(14) a conviction under the laws of another state,
federal law, or the Uniform Code of Military Justice for an offense
containing elements that are substantially similar to the elements
of an offense listed under Subdivisions (1)-(13).
SECTION 3.45. Section 841.002(8), Health and Safety Code,
is amended to read as follows:
(8) "Sexually violent offense" means:
(A) an offense under Section 21.02, 21.11(a)(1),
22.011, or 22.021, Penal Code;
(B) an offense under Section 20.04(a)(4), Penal
Code, if the person committed the offense with the intent to violate
or abuse the victim sexually;
(C) an offense under Section 30.02, Penal Code,
if the offense is punishable under Subsection (d) of that section
and the person committed the offense with the intent to commit an
offense listed in Paragraph (A) or (B);
(D) an offense under Section 19.02 or 19.03,
Penal Code, that, during the guilt or innocence phase or the
punishment phase for the offense, during the adjudication or
disposition of delinquent conduct constituting the offense, or
subsequently during a civil commitment proceeding under Subchapter
D, is determined beyond a reasonable doubt to have been based on
sexually motivated conduct;
(E) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense listed in
Paragraph (A), (B), (C), or (D);
(F) an offense under prior state law that
contains elements substantially similar to the elements of an
offense listed in Paragraph (A), (B), (C), (D), or (E); or
(G) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements substantially similar to the elements of an offense listed
in Paragraph (A), (B), (C), (D), or (E).
SECTION 3.46. Section 301.4535(a), Occupations Code, is
amended to read as follows:
(a) The board shall suspend a nurse's license or refuse to
issue a license to an applicant on proof that the nurse or applicant
has been initially convicted of:
(1) murder under Section 19.02, Penal Code, capital
murder under Section 19.03, Penal Code, or manslaughter under
Section 19.04, Penal Code;
(2) kidnapping or unlawful restraint under Chapter 20,
Penal Code, and the offense was punished as a felony or state jail
felony;
(3) sexual assault under Section 22.011, Penal Code;
(4) aggravated sexual assault under Section 22.021,
Penal Code;
(5) continuous sexual abuse of young child or children
under Section 21.02, Penal Code, or indecency with a child under
Section 21.11, Penal Code;
(6) aggravated assault under Section 22.02, Penal
Code;
(7) intentionally, knowingly, or recklessly injuring
a child, elderly individual, or disabled individual under Section
22.04, Penal Code;
(8) intentionally, knowingly, or recklessly
abandoning or endangering a child under Section 22.041, Penal Code;
(9) aiding suicide under Section 22.08, Penal Code,
and the offense was punished as a state jail felony;
(10) an offense under Section 25.07, Penal Code,
punished as a felony;
(11) an offense under Section 25.071, Penal Code,
punished as a felony;
(12) an agreement to abduct a child from custody under
Section 25.031, Penal Code;
(13) the sale or purchase of a child under Section
25.08, Penal Code;
(14) robbery under Section 29.02, Penal Code;
(15) aggravated robbery under Section 29.03, Penal
Code;
(16) an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(17) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an
offense listed in this subsection.
SECTION 3.47. 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 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; or
(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
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.
SECTION 3.48. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 21.02 or listed in Section
3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.
SECTION 3.49. Section 15.031(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if, with intent that an
offense under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be
committed, the person by any means requests, commands, or attempts
to induce a minor or another whom the person believes to be a minor
to engage in specific conduct that, under the circumstances
surrounding the actor's conduct as the actor believes them to be,
would constitute an offense under one of those sections or would
make the minor or other believed by the person to be a minor a party
to the commission of an offense under one of those sections.
SECTION 3.50. Section 38.17(a), Penal Code, is amended to
read as follows:
(a) A person, other than a person who has a relationship
with a child described by Section 22.04(b), commits an offense if:
(1) the actor observes the commission or attempted
commission of an offense prohibited by Section 21.02 or
22.021(a)(2)(B) under circumstances in which a reasonable person
would believe that an offense of a sexual or assaultive nature was
being committed or was about to be committed against the child;
(2) the actor fails to assist the child or immediately
report the commission of the offense to a peace officer or law
enforcement agency; and
(3) the actor could assist the child or immediately
report the commission of the offense without placing the actor in
danger of suffering serious bodily injury or death.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. (a) Except as provided by Subsections (b) and
(c) of this section, the change in law made by this Act applies only
to an offense committed on or after September 1, 2007. An offense
committed before September 1, 2007, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this section, an
offense was committed before September 1, 2007, if any element of
the offense occurred before that date.
(b) The change in law made by this Act to Chapter 841, Health
and Safety Code, applies only to an individual who on or after
September 1, 2007, is serving a sentence in the Texas Department of
Criminal Justice or is committed to the Department of State Health
Services for an offense committed before, on, or after the
effective date of this Act.
(c) The change in law made by this Act to Article 12.01, Code
of Criminal Procedure, does not apply to an offense if the
prosecution of that offense becomes barred by limitation before the
effective date of this Act. The prosecution of that offense remains
barred as if this Act had not taken effect.
SECTION 4.02. Notwithstanding Section 22.109, Government
Code, the Texas Court of Criminal Appeals may not amend or adopt
rules in conflict with Article 38.06, Code of Criminal Procedure,
as added by this Act.
SECTION 4.03. This Act takes effect September 1, 2007.