| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increasing the punishment for the offense of possession |
|
|
or promotion of child pornography; changing the eligibility for |
|
|
community supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 3g(a), Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(a) The provisions of Section 3 of this article do not |
|
|
apply: |
|
|
(1) to a defendant adjudged guilty of an offense |
|
|
under: |
|
|
(A) Section 19.02, Penal Code (Murder); |
|
|
(B) Section 19.03, Penal Code (Capital murder); |
|
|
(C) Section 21.11(a)(1), Penal Code (Indecency |
|
|
with a child); |
|
|
(D) Section 20.04, Penal Code (Aggravated |
|
|
kidnapping); |
|
|
(E) Section 22.021, Penal Code (Aggravated |
|
|
sexual assault); |
|
|
(F) Section 29.03, Penal Code (Aggravated |
|
|
robbery); |
|
|
(G) Chapter 481, Health and Safety Code, for |
|
|
which punishment is increased under: |
|
|
(i) Section 481.140, Health and Safety |
|
|
Code; or |
|
|
(ii) Section 481.134(c), (d), (e), or (f), |
|
|
Health and Safety Code, if it is shown that the defendant has been |
|
|
previously convicted of an offense for which punishment was |
|
|
increased under any of those subsections; |
|
|
(H) Section 22.011, Penal Code (Sexual assault); |
|
|
(I) Section 22.04(a)(1), Penal Code (Injury to a |
|
|
child, elderly individual, or disabled individual), if the offense |
|
|
is punishable as a felony of the first degree and the victim of the |
|
|
offense is a child; |
|
|
(J) Section 43.25, Penal Code (Sexual |
|
|
performance by a child); |
|
|
(K) Section 15.03, Penal Code, if the offense is |
|
|
punishable as a felony of the first degree; |
|
|
(L) Section 43.05, Penal Code (Compelling |
|
|
prostitution); |
|
|
(M) Section 20A.02, Penal Code (Trafficking of |
|
|
persons); [or] |
|
|
(N) Section 30.02, Penal Code (Burglary), if the |
|
|
offense is punishable under Subsection (d) of that section and the |
|
|
actor committed the offense with the intent to commit a felony under |
|
|
Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or |
|
|
(O) Section 43.26, Penal Code (Possession or |
|
|
promotion of child pornography); or |
|
|
(2) to a defendant when it is shown that a deadly |
|
|
weapon as defined in Section 1.07, Penal Code, was used or exhibited |
|
|
during the commission of a felony offense or during immediate |
|
|
flight therefrom, and that the defendant used or exhibited the |
|
|
deadly weapon or was a party to the offense and knew that a deadly |
|
|
weapon would be used or exhibited. On an affirmative finding under |
|
|
this subdivision, the trial court shall enter the finding in the |
|
|
judgment of the court. On an affirmative finding that the deadly |
|
|
weapon was a firearm, the court shall enter that finding in its |
|
|
judgment. |
|
|
SECTION 2. Sections 43.26(d) and (g), Penal Code, are |
|
|
amended to read as follows: |
|
|
(d) An offense under Subsection (a) is a felony of the |
|
|
second [third] degree. |
|
|
(g) An offense under Subsection (e) is a felony of the first |
|
|
[second] degree. |
|
|
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, 2015. |