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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a sentence of life without parole on |
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certain repeat sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 12.42(b) and (d), Penal Code, as |
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amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the |
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82nd Legislature, Regular Session, 2011, are reenacted to read as |
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follows: |
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(b) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony of the second degree that the |
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defendant has previously been finally convicted of a felony other |
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than a state jail felony punishable under Section 12.35(a), on |
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conviction the defendant shall be punished for a felony of the first |
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degree. |
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(d) Except as provided by Subsection (c)(2) or (c)(4), if it |
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is shown on the trial of a felony offense other than a state jail |
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felony punishable under Section 12.35(a) that the defendant has |
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previously been finally convicted of two felony offenses, and the |
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second previous felony conviction is for an offense that occurred |
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subsequent to the first previous conviction having become final, on |
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conviction the defendant shall be punished by imprisonment in the |
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Texas Department of Criminal Justice for life, or for any term of |
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not more than 99 years or less than 25 years. A previous conviction |
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for a state jail felony punishable under Section 12.35(a) may not be |
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used for enhancement purposes under this subsection. |
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SECTION 2. Section 12.42(c)(4), Penal Code, as amended by |
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Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd |
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Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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(4) Notwithstanding Subdivision (1) or (2), and except |
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as provided by Subdivision (3) for the trial of an offense under |
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Section 22.021 as described by that subdivision, a defendant shall |
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be punished by imprisonment in the Texas Department of Criminal |
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Justice for life without parole if it is shown on the trial of an |
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offense under Section 20A.03 or of a sexually violent [an] offense |
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[under Section 21.02 or 22.021] that the defendant has previously |
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been finally convicted of: |
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(A) an offense under Section 20A.03 or of a |
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sexually violent [an] offense [under Section 21.02 or 22.021]; or |
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(B) an offense that was committed under the laws |
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of another state and that contains elements that are substantially |
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similar to the elements of an offense under Section 20A.03 or of a |
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sexually violent [an] offense [under Section 21.02 or 22.021]. |
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SECTION 3. Section 12.42, Penal Code, is amended by adding |
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Subsection (h) to read as follows: |
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(h) In this section, "sexually violent offense" means: |
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(1) an offense under: |
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(A) Section 21.02 (continuous sexual abuse of a |
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young child or children); |
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(B) Section 22.021 (aggravated sexual assault); |
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(C) Section 20A.02(a)(3), (4), (7), or (8) (sex |
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trafficking); |
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(D) Section 21.11(a)(1) (indecency with a |
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child); |
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(E) Section 22.011 (sexual assault); or |
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(F) Section 43.25 (sexual performance by a child) |
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under the age of 14; |
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(2) an offense under Section 20.04(a)(4) (aggravated |
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kidnapping), if the defendant committed the offense with intent to |
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violate or abuse the victim sexually; |
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(3) an offense under Section 30.02 (burglary), if the |
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offense is punishable under Subsection (d) of that section and the |
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defendant committed the offense with intent to commit an offense |
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under Section 21.11(a)(2) (indecency with a child) or 25.02 |
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(prohibited sexual conduct) or a felony listed in Subdivision (1) |
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or (2) of this subsection; or |
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(4) an offense under the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice, if the offense contains elements that are |
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substantially similar to the elements of an offense listed under |
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Subdivision (1), (2), or (3). |
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SECTION 4. The change in law made by this Act in amending |
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Section 12.42, Penal Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2013. |