| |
| |
|
|
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. 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 17 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 six years |
|
|
of age or older but 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 17 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 six years of age |
|
|
or older but younger than 14 years of age and suffered bodily injury |
|
|
as a result of the offense; or |
|
|
(C) the victim of the offense is 14 years of age |
|
|
or older but younger than 17 years of age and suffered serious |
|
|
bodily injury as a result of the offense. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2013. |