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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain offenses in regard to which |
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the defendant is criminally responsible for the conduct of a person |
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younger than 17 years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.465 to read as follows: |
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Sec. 12.465. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM |
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ACTOR IS CRIMINALLY RESPONSIBLE. (a) Except as provided by |
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Subsection (c), the punishment prescribed for an offense is |
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increased in the manner provided by Subsection (b) if it is shown on |
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the trial of the offense that: |
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(1) the defendant is guilty of the offense because the |
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defendant is criminally responsible for the conduct of another |
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person under Section 7.02; |
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(2) the defendant was 19 years of age or older at the |
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time the other person engaged in the conduct; and |
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(3) the other person was younger than 17 years of age |
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at the time of engaging in the conduct. |
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(b) If a defendant described by Subsection (a) is convicted |
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of a felony of the first degree, the minimum term of confinement |
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otherwise prescribed for the offense is increased from five years |
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to 10 years. If the defendant is convicted of an offense other than |
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a capital felony or a felony of the first degree, the punishment |
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prescribed for the offense is increased to the punishment |
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prescribed for the next highest category of offense. |
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(c) This section does not apply to an offense for which the |
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punishment otherwise prescribed is the punishment for a capital |
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felony. |
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SECTION 2. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.109 to read as follows: |
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Sec. 481.109. PENALTY IF CRIME COMMITTED BY MINOR FOR WHOM |
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ACTOR IS CRIMINALLY RESPONSIBLE. (a) The punishment prescribed for |
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an offense under this subchapter is increased in the manner |
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provided by Subsection (b) if it is shown on the trial of the |
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offense that: |
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(1) the defendant is guilty of the offense because the |
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defendant is criminally responsible for the conduct of another |
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person under Section 7.02, Penal Code; |
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(2) the defendant was 19 years of age or older at the |
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time the other person engaged in the conduct; and |
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(3) the other person was younger than 17 years of age |
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at the time of engaging in the conduct. |
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(b) If a defendant described by Subsection (a) is convicted |
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of a felony of the first degree, the minimum term of confinement |
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otherwise imposed for the offense is increased by five years. If |
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the defendant is convicted of an offense other than a felony of the |
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first degree, the punishment prescribed for the offense is |
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increased to the punishment prescribed for the next highest |
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category of offense. |
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SECTION 3. The change in law made by this Act applies only |
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to the punishment for an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |