80R4933 KCR-D
 
  By: Deuell S.B. No. 5
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution, punishment, and supervision of certain
sex offenders and to certain crimes involving sex offenders.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
       Art. 12.01.  FELONIES.  (a) 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, 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; or
                   (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 (6) [(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 (6), 
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)  ten years from the 18th birthday of the victim of
the offense of[:
                   [(A)]  indecency with a child under Section
21.11(a)(2) [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)  except as provided by Subdivision (1), 20 years
from the 18th birthday of the victim of a sexually violent offense,
if the investigation of the offense shows that the victim is younger
than 14 years of age at the time the offense is committed; or
             (7)  three years from the date of the commission of the
offense: all other felonies.
       (b)  For purposes of this article, "sexually violent
offense" has the meaning assigned by Section 1.07, Penal Code.
       SECTION 2.  Section 4, Article 37.07, Code of Criminal
Procedure, is amended by amending Subsections (a) and (b) and
adding Subsection (e) 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 a capital felony or a sexually violent offense the
victim of which is younger than 14 years of age at the time the
offense is committed 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), 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 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."
       (e)  In this article, "sexually violent offense" has the
meaning assigned by Section 1.07, Penal Code.
       SECTION 3.  Section 2, Article 37.071, Code of Criminal
Procedure, is amended by adding Subsection (j) to read as follows:
       (j)  In a case punishable as a capital felony under Section
12.42(c)(3), Penal Code, the court may not submit the issue
described by Subsection (b)(2) to the jury.
       SECTION 4.  Section 508.145, Government Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (b) to
read as follows:
       (a)  An inmate under sentence of death, [or] serving a
sentence of life imprisonment without parole, or serving a sentence
for an offense for which punishment is increased under Section
12.50, Penal Code, is not eligible for release on parole.
       (b)  Notwithstanding Subsection (c) or (d), an inmate is not
eligible for release on parole if the inmate is serving a sentence:
             (1)  for an offense for which punishment is increased
under Section 12.42(c)(2), Penal Code, and the victim of which is
younger than 14 years of age at the time the offense is committed;
or
             (2)  for an offense described by Section 3g(a)(1)(C),
(D), or (E), Article 42.12, Code of Criminal Procedure, the victim
of which is younger than 14 years of age at the time the offense is
committed.
       (c)  Subject to Subsection (b), an [An] inmate serving a
sentence under Section 12.42(c)(2), Penal Code, is not eligible for
release on parole until the actual calendar time the inmate has
served, without consideration of good conduct time, equals 35
calendar years.
       (d)  Subject to Subsection (b), an [An] inmate serving a
sentence for an offense described by Section 3g(a)(1)(A), (C), (D),
(E), (F), (G), or (H), 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 5.  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;
or
             (15)  a first degree felony under Section 43.25, Penal
Code.
       SECTION 6.  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 7.  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 8.  Section 1.07(a), Penal Code, is amended by
adding Subdivision (50) to read as follows:
             (50)  "Sexually violent offense" means any of the
following offenses:
                   (A)  an offense under Section 21.11(a)(1)
(Indecency with a child), 22.011 (Sexual assault), or 22.021
(Aggravated sexual assault);
                   (B)  an offense under Section 43.25 (Sexual
performance by a child);
                   (C)  an offense under Section 20.04(a)(4)
(Aggravated kidnapping), if the defendant committed the offense
with intent to violate or abuse the victim sexually; or
                   (D)  an offense under Section 30.02 (Burglary), 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 Paragraph (A) or (C).
       SECTION 9.  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 institutional division for
life if:
                   (A)  the defendant is convicted of an offense:
                         (i)  under Section 21.11, 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]; or
                         (iv)  under Section 43.25, 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 a sexually violent offense punishable as a felony of
the first degree that:
                   (A)  the victim of the offense is younger than 14
years of age at the time the offense is committed; and
                   (B)  the defendant has previously been finally
convicted of:
                         (i)   a sexually violent offense, the victim
of which was younger than 14 years of age at the time that offense
was committed; or
                         (ii)  an offense under the laws of another
state containing elements that are substantially similar to the
elements of a sexually violent offense, the victim of which was
younger than 14 years of age at the time that offense was committed.
       SECTION 10.  Subchapter D, Chapter 12, Penal Code, is
amended by adding Section 12.50 to read as follows:
       Sec. 12.50.  PENALTY FOR CERTAIN SEX OFFENSES COMMITTED
AGAINST CHILD. (a)  This section does not apply to a felony of the
first degree punishable under Section 12.42(c)(2) or (3).
       (b)  If it is shown on the trial of a sexually violent offense
punishable as a felony of the first degree that the victim is
younger than 14 years of age at the time the offense is committed,
the minimum term of imprisonment for the offense is increased to 25
years.
       SECTION 11.  Section 20.04(d), Penal Code, is amended to
read as follows:
       (d)  At the punishment stage of a trial, the defendant may
raise the issue as to whether he voluntarily released the victim in
a safe place. If the defendant proves the issue in the affirmative
by a preponderance of the evidence, the offense is a felony of the
second degree. This subsection does not apply if the victim of the
offense is younger than 14 years of age at the time the offense is
committed.
       SECTION 12.  Section 21.11(d), Penal Code, is amended to
read as follows:
       (d)  An offense under Subsection (a)(1) 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.  An [and an] offense under Subsection (a)(2)
is a felony of the third degree.
       SECTION 13.  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 14.  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 first degree if
the victim is younger than 14 years of age at the time the offense is
committed.
       SECTION 15.  (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 subsection, 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 Texas Department of Mental
Health and Mental Retardation 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 became 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 16.  This Act takes effect September 1, 2007.