83R22499 KEL-D
 
  By: Branch, Herrero, Fletcher, Carter, H.B. No. 1748
      et al.
 
  Substitute the following for H.B. No. 1748:
 
  By:  Herrero C.S.H.B. No. 1748
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for defendants who commit certain
  aggravated sexual assaults.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as Chelsea's Law.
         SECTION 2.  Sections 22.021(e) and (f), Penal Code, are
  amended to read as follows:
         (e)  An offense under this section is a felony of the first
  degree, except as provided by Subsection (f).
         (f)(1)  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 [The minimum term of imprisonment for an offense under
  this section is increased to] 25 years, if at the time of the
  offense the defendant is younger than 18 years of age and:
                     (A) [(1)]  the victim of the offense is younger
  than six years of age [at the time the offense is committed]; or
                     (B) [(2)]  the victim of the offense is younger
  than 14 years of age [at the time the offense is committed] and the
  actor commits the offense in a manner described by Subsection
  (a)(2)(A).
               (2)  An offense under this section is a felony of the
  first degree, punishable by imprisonment in the Texas Department of
  Criminal Justice for life without parole, if at the time of the
  offense the defendant is 18 years of age or older and:
                     (A)  the victim of the offense is younger than six
  years of age;
                     (B)  the victim of the offense is younger than 14
  years of age and the actor commits the offense in a manner described
  by Subsection (a)(2)(A); or
                     (C)  the victim of the offense is younger than 17
  years of age and suffered serious bodily injury as a result of the
  offense.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2013.