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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Chapter 21, Penal
Code, is amended by adding Section 21.18 to read as follows:
Sec. 21.18. SEXUAL
COERCION. (a) In this section:
(1) "Intimate visual
material" means the visual material described by Section 21.16(b)(1)
or (c), as added by Chapter 852 (S.B. 1135), Acts of the 84th Legislature,
Regular Session, 2015.
(2) "Sexual
conduct" has the meaning assigned by Section 43.25.
(b) A person commits an
offense if:
(1) with the intent to
coerce another person either to engage in sexual conduct or to produce,
provide, or distribute intimate visual material, the actor communicates a
threat:
(A) against the other
person's person, property, or reputation; or
(B) to distribute or
cause distribution of intimate visual material of the other person; or
(2) the actor knowingly
causes another person to engage in sexual conduct or to produce, provide,
or distribute intimate visual material, by means of a threat:
(A) against the other
person's person, property, or reputation; or
(B) to distribute or
cause distribution of intimate visual material of the other person.
(c) This section applies
to a threat regardless of how that threat is communicated, including a threat
transmitted through e-mail or an Internet website, social media account, or
chat room and a threat made by other electronic or technological means.
(d) An offense under this
section is a state jail felony, except that the offense is a felony of the
third degree if:
(1) it is shown on the
trial of the offense that the defendant has previously been convicted of an
offense under this section; or
(2) the victim was younger than 18 years of age at the time of
the offense.
(e) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both.
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SECTION 1. Chapter 21, Penal
Code, is amended by adding Section 21.18 to read as follows:
Sec. 21.18. SEXUAL
COERCION. (a) In this section:
(1) "Intimate visual
material" means the visual material described by Section 21.16(b)(1)
or (c), as added by Chapter 852 (S.B. 1135), Acts of the 84th Legislature,
Regular Session, 2015.
(2) "Sexual
conduct" has the meaning assigned by Section 43.25.
(b) A person commits an
offense if:
(1) with the intent to
coerce another person either to engage in sexual conduct or to produce,
provide, or distribute intimate visual material, the actor communicates a
threat:
(A) against the other
person's person, property, or reputation; or
(B) to distribute or
cause distribution of intimate visual material of the other person; or
(2) the actor knowingly
causes another person to engage in sexual conduct or to produce, provide,
or distribute intimate visual material, by means of a threat:
(A) against the other
person's person, property, or reputation; or
(B) to distribute or
cause distribution of intimate visual material of the other person.
(c) This section applies
to a threat regardless of how that threat is communicated, including a
threat transmitted through e-mail or an Internet website, social media
account, or chat room and a threat made by other electronic or
technological means.
(d) An offense under this
section is a state jail felony, except that the offense is a felony of the
third degree if it is shown on the trial of the offense that the defendant
has previously been convicted of an offense under this section.
(e) If conduct that
constitutes an offense under this section also constitutes an offense under
any other law, the actor may be prosecuted under this section, the other
law, or both.
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No
equivalent provision.
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SECTION 2. Section 22.011,
Penal Code, is amended by amending Subsection (b) and adding Subsection
(e-1) to read as follows:
(b) A sexual assault under
Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the
other person to submit or participate by the use of physical force,
[or] violence, or coercion;
(2) the actor compels the
other person to submit or participate by threatening to use force or
violence against the other person or to cause harm to the other person,
and the other person believes that the actor has the present ability to
execute the threat;
(3) the other person has not
consented and the actor knows the other person is:
(A) unconscious;
(B) [or]
physically unable to resist;
(C) incapable of
appraising the nature of the act; or
(D) unaware that the
sexual assault is occurring;
(4) the actor knows that as
a result of mental disease or defect the other person is at the time of the
sexual assault incapable either of appraising the nature of the act or of
resisting it;
(5) [the other person has
not consented and the actor knows the other person is unaware that the
sexual assault is occurring;
[(6) the actor has
intentionally impaired the other person's power to appraise or control the
other person's conduct by administering any substance without the other
person's knowledge;
[(7)] the actor compels
the other person to submit or participate by threatening to use force or
violence against any person, and the other person believes that the actor
has the ability to execute the threat;
(6) [(8) the actor
is a public servant who coerces the other person to submit or participate;
[(9)] the actor is a
mental health services provider or a health care services provider who
causes the other person, who is a patient or former patient of the actor,
to submit or participate by exploiting the other person's emotional
dependency on the actor;
(7) [(10)] the
actor is a clergyman who causes the other person to submit or participate
by exploiting the other person's emotional dependency on the clergyman in
the clergyman's professional character as spiritual adviser; [or]
(8) [(11)] the
actor is an employee of a facility where the other person is a resident,
unless the employee and resident are formally or informally married to each
other under Chapter 2, Family Code; or
(9) the actor knows that
the other person has withdrawn consent to the act and the actor persists in
the act after consent is withdrawn.
(e-1) It is not a defense
to prosecution under this section that the actor mistakenly believed that
the other person consented to the conduct if a reasonable person should
have known or understood that the other person did not consent to the
conduct.
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No
equivalent provision.
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SECTION 3. Chapter 22, Penal
Code, is amended by adding Section 22.012 to read as follows:
Sec. 22.012. INDECENT
ASSAULT. (a) A person commits an offense if, without the other person's
consent and with the intent to arouse or gratify the sexual desire of any
person, the person:
(1) touches, including
through clothing, the anus, breast, or any part of the genitals of another
person;
(2) touches another
person, including through clothing, with the anus, breast, or any part of
the genitals of any person;
(3) exposes or attempts
to expose another person's genitals, pubic area, anus, buttocks, or female
areola; or
(4) causes another person
to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces
of any person, including contact occurring through clothing.
(b) An offense under this
section is a Class A misdemeanor.
(c) If conduct that
constitutes an offense under this section also constitutes an offense under
another law, the actor may be prosecuted under this section, the other law,
or both.
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No
equivalent provision.
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SECTION 4. Section 22.021,
Penal Code, is amended by amending Subsection (a) and adding Subsection
(d-1) to read as follows:
(a) A person commits an
offense:
(1) if the person:
(A) intentionally or
knowingly:
(i) causes the penetration
of the anus or sexual organ of another person by any means, without that
person's consent;
(ii) causes the penetration of
the mouth of another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual
organ of another person, without that person's consent, to contact or
penetrate the mouth, anus, or sexual organ of another person, including the
actor; or
(B) intentionally or
knowingly:
(i) causes the penetration
of the anus or sexual organ of a child by any means;
(ii) causes the penetration
of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual
organ of a child to contact or penetrate the mouth, anus, or sexual organ
of another person, including the actor;
(iv) causes the anus of a
child to contact the mouth, anus, or sexual organ of another person,
including the actor; or
(v) causes the mouth of a child
to contact the anus or sexual organ of another person, including the actor;
and
(2) if:
(A) the person:
(i) causes serious bodily
injury or attempts to cause the death of the victim or another person in
the course of the same criminal episode;
(ii) by acts or words places
the victim in fear that any person will become the victim of an offense
under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily
injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words
occurring in the presence of the victim threatens to cause any person to
become the victim of an offense under Section 20A.02(a)(3), (4), (7), or
(8) or to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a
deadly weapon in the course of the same criminal episode;
(v) acts in concert with
another who engages in conduct described by Subdivision (1) directed toward
the same victim and occurring during the course of the same criminal
episode; or
(vi) with the intent of
facilitating the commission of the offense, administers or provides [flunitrazepam,
otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to the
victim of the offense any substance capable of impairing the victim's
ability to appraise the nature of the act or to resist the act [with
the intent of facilitating the commission of the offense];
(B) the victim is younger
than 14 years of age; or
(C) the victim is an elderly
individual or a disabled individual.
(d-1) It is not a defense
to prosecution under this section that the actor mistakenly believed that
the other person consented to the conduct if a reasonable person should
have known or understood that the other person did not consent to the
conduct.
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No
equivalent provision.
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SECTION 5. Subchapter B,
Chapter 43, Penal Code, is amended by adding Section 43.262 to read as
follows:
Sec. 43.262. POSSESSION
OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD. (a) In this section:
(1) "Promote"
and "sexual conduct" have the meanings assigned by Section 43.25.
(2) "Visual
material" has the meaning assigned by Section 43.26.
(b) A person commits an
offense if the person knowingly possesses, accesses with intent to view, or
promotes visual material that:
(1) depicts the lewd
exhibition of the genitals or pubic area of an unclothed, partially
clothed, or clothed child who is younger than 18 years of age at the time
the visual material was created;
(2) appeals to the
prurient interest in sex; and
(3) has no serious
literary, artistic, political, or scientific value.
(c) An offense under this
section is a state jail felony, except that the offense is:
(1) a felony of the third
degree if it is shown on the trial of the offense that the person has been
previously convicted one time of an offense under this section or Section
43.26; and
(2) a felony of the
second degree if it is shown on the trial of the offense that the person
has been previously convicted two or more times of an offense under this
section or Section 43.26.
(d) It is not a defense
to prosecution under this section that the depicted child consented to the
creation of the visual material.
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No
equivalent provision.
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SECTION 6. The heading to
Chapter 7A, Code of Criminal Procedure, is amended to read as follows:
CHAPTER 7A. PROTECTIVE ORDER
FOR VICTIMS OF SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING,
OR TRAFFICKING
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No
equivalent provision.
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SECTION 7. Article 7A.01(a),
Code of Criminal Procedure, is amended to read as follows:
(a) The following persons
may file an application for a protective order under this chapter without
regard to the relationship between the applicant and the alleged offender:
(1) a person who is the
victim of an offense under Section 21.02, 21.11, 22.011, 22.012,
22.021, or 42.072, Penal Code;
(2) a person who is the
victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code;
(3) a parent or guardian
acting on behalf of a person younger than 17 years of age who is the victim
of an offense listed in Subdivision (1);
(4) a parent or guardian
acting on behalf of a person younger than 18 years of age who is the victim
of an offense listed in Subdivision (2); or
(5) a prosecuting attorney
acting on behalf of a person described by Subdivision (1), (2), (3), or
(4).
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No
equivalent provision.
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SECTION 8. Article 7A.02,
Code of Criminal Procedure, is amended to read as follows:
Art. 7A.02. TEMPORARY EX
PARTE ORDER. If the court finds from the information contained in an
application for a protective order that there is a clear and present danger
of sexual assault or abuse, indecent assault, stalking, trafficking,
or other harm to the applicant, the court, without further notice to the
alleged offender and without a hearing, may enter a temporary ex parte
order for the protection of the applicant or any other member of the
applicant's family or household.
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No
equivalent provision.
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SECTION 9. Article 7A.03(a),
Code of Criminal Procedure, is amended to read as follows:
(a) At the close of a
hearing on an application for a protective order under this chapter, the
court shall find whether there are reasonable grounds to believe that the
applicant is the victim of sexual assault or abuse, indecent assault,
stalking, or trafficking.
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No
equivalent provision.
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SECTION 10. Article 7A.035,
Code of Criminal Procedure, is amended to read as follows:
Art. 7A.035. HEARSAY
STATEMENT OF CHILD VICTIM. In a hearing on an application for a protective
order under this chapter, a statement that is made by a child younger than
14 years of age who is the victim of an offense under Section 21.02, 21.11,
22.011, 22.012, or 22.021, Penal Code, and that describes the
offense committed against the child is admissible as evidence in the same
manner that a child's statement regarding alleged abuse against the child
is admissible under Section 104.006, Family Code, in a suit affecting the
parent-child relationship.
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No
equivalent provision.
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SECTION 11. Articles
17.292(a) and (g), Code of Criminal Procedure, are amended to read as
follows:
(a) At a defendant's
appearance before a magistrate after arrest for an offense involving family
violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012,
22.021, or 42.072, Penal Code, the magistrate may issue an order for
emergency protection on the magistrate's own motion or on the request of:
(1) the victim of the
offense;
(2) the guardian of the
victim;
(3) a peace officer; or
(4) the attorney
representing the state.
(g) An order for emergency
protection issued under this article must contain the following statements
printed in bold-face type or in capital letters:
"A VIOLATION OF THIS
ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY
A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE
YEAR OR BY BOTH. AN ACT THAT RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE
[STALKING OR TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION
OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE
POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED
BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN,
FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS
SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
CONFINEMENT OR IMPRISONMENT.
"NO PERSON, INCLUDING A
PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO
IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH
THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND
EFFECT UNLESS A COURT CHANGES THE ORDER."
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No
equivalent provision.
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SECTION 12. The heading to
Article 56.021, Code of Criminal Procedure, is amended to read as follows:
Art. 56.021. RIGHTS OF
VICTIM OF SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR
TRAFFICKING.
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No
equivalent provision.
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SECTION 13. (a) Article
56.021(d), Code of Criminal Procedure, as added by Chapter 1032 (H.B.
1447), Acts of the 84th Legislature, Regular Session, 2015, is amended to
read as follows:
(d) This subsection applies
only to a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11,
22.011, 22.012, 22.021, 42.072, or 43.05, Penal Code. In addition
to the rights enumerated in Article 56.02 and, if applicable, Subsection
(a) of this article, a victim described by this subsection or a parent or
guardian of the victim is entitled to the following rights within the
criminal justice system:
(1) the right to request
that the attorney representing the state, subject to the Texas Disciplinary
Rules of Professional Conduct, file an application for a protective order
under Article 7A.01 on behalf of the victim;
(2) the right to be
informed:
(A) that the victim or the
victim's parent or guardian, as applicable, may file an application for a
protective order under Article 7A.01;
(B) of the court in which
the application for a protective order may be filed; and
(C) that, on request of the
victim or the victim's parent or guardian, as applicable, and subject to
the Texas Disciplinary Rules of Professional Conduct, the attorney
representing the state may file the application for a protective order;
(3) if the victim or the
victim's parent or guardian, as applicable, is present when the defendant
is convicted or placed on deferred adjudication community supervision, the
right to be given by the court the information described by Subdivision (2)
and, if the court has jurisdiction over applications for protective orders
that are filed under Article 7A.01, the right to file an application for a
protective order immediately following the defendant's conviction or
placement on deferred adjudication community supervision; and
(4) if the victim or the
victim's parent or guardian, as applicable, is not present when the
defendant is convicted or placed on deferred adjudication community
supervision, the right to be given by the attorney representing the state
the information described by Subdivision (2).
(b) Article 56.021(d), Code
of Criminal Procedure, as added by Chapter 1153 (S.B. 630), Acts of the
84th Legislature, Regular Session, 2015, is repealed as duplicative of
Article 56.021(d), Code of Criminal Procedure, as added by Chapter 1032
(H.B. 1447), Acts of the 84th Legislature, Regular Session, 2015.
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No
equivalent provision.
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SECTION 14. Sections
411.042(b) and (g), Government Code, are amended to read as follows:
(b) The bureau of
identification and records shall:
(1) procure and file for
record photographs, pictures, descriptions, fingerprints, measurements, and
other pertinent information of all persons arrested for or charged with a
criminal offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information
concerning the number and nature of offenses reported or known to have been
committed in the state and the legal steps taken in connection with the
offenses, and other information useful in the study of crime and the
administration of justice, including information that enables the bureau to
create a statistical breakdown of:
(A) offenses in which family
violence was involved;
(B) offenses under Sections
22.011 and 22.021, Penal Code; and
(C) offenses under Sections
20A.02 and 43.05, Penal Code;
(3) make ballistic tests of
bullets and firearms and chemical analyses of bloodstains, cloth,
materials, and other substances for law enforcement officers of the state;
(4) cooperate with
identification and crime records bureaus in other states and the United
States Department of Justice;
(5) maintain a list of all
previous background checks for applicants for any position regulated under
Chapter 1702, Occupations Code, who have undergone a criminal history
background check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information
concerning the number and nature of protective orders and magistrate's
orders of emergency protection and all other pertinent information about
all persons subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of the
victim in any family violence, sexual assault or abuse, indecent
assault, stalking, or trafficking case. Information in the law
enforcement information system relating to an active order shall include:
(A) the name, sex, race,
date of birth, personal descriptors, address, and county of residence of
the person to whom the order is directed;
(B) any known identifying
number of the person to whom the order is directed, including the person's
social security number or driver's license number;
(C) the name and county of
residence of the person protected by the order;
(D) the residence address
and place of employment or business of the person protected by the order,
unless that information is excluded from the order under Section 85.007,
Family Code, or Article 17.292(e), Code of Criminal Procedure;
(E) the child-care facility
or school where a child protected by the order normally resides or which
the child normally attends, unless that information is excluded from the
order under Section 85.007, Family Code, or Article 17.292(e), Code of
Criminal Procedure;
(F) the relationship or
former relationship between the person who is protected by the order and
the person to whom the order is directed;
(G) the conditions of bond
imposed on the person to whom the order is directed, if any, for the
protection of a victim in any family violence, sexual assault or abuse, indecent
assault, stalking, or trafficking case;
(H) any minimum distance the
person subject to the order is required to maintain from the protected
places or persons; and
(I) the date the order
expires;
(7) grant access to criminal
history record information in the manner authorized under Subchapter F;
(8) collect and disseminate
information regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(9) record data and maintain
a state database for a computerized criminal history record system and
computerized juvenile justice information system that serves:
(A) as the record creation
point for criminal history record information and juvenile justice
information maintained by the state; and
(B) as the control terminal
for the entry of records, in accordance with federal law and regulations,
federal executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
(g) The department may adopt
reasonable rules under this section relating to:
(1) law enforcement
information systems maintained by the department;
(2) the collection,
maintenance, and correction of records;
(3) reports of criminal
history information submitted to the department;
(4) active protective orders
and reporting procedures that ensure that information relating to the
issuance and dismissal of an active protective order is reported to the
local law enforcement agency at the time of the order's issuance or
dismissal and entered by the local law enforcement agency in the state's
law enforcement information system;
(5) the collection of
information described by Subsection (h);
(6) a system for providing
criminal history record information through the criminal history
clearinghouse under Section 411.0845; and
(7) active conditions of
bond imposed on a defendant for the protection of a victim in any family
violence, sexual assault or abuse, indecent assault, stalking, or
trafficking case, and reporting procedures that ensure that information
relating to the issuance, modification, or removal of the conditions of
bond is reported, at the time of the issuance, modification, or removal,
to:
(A) the victim or, if the
victim is deceased, a close relative of the victim; and
(B) the local law
enforcement agency for entry by the local law enforcement agency in the
state's law enforcement information system.
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No
equivalent provision.
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SECTION 15. The heading to
Section 25.07, Penal Code, is amended to read as follows:
Sec. 25.07. VIOLATION OF
CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, SEXUAL
ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
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No
equivalent provision.
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SECTION 16. Section
25.07(a), Penal Code, is amended to read as follows:
(a) A person commits an
offense if, in violation of a condition of bond set in a family violence,
sexual assault or abuse, indecent assault, stalking, or trafficking
case and related to the safety of a victim or the safety of the community,
an order issued under Chapter 7A, Code of Criminal Procedure, an order
issued under Article 17.292, Code of Criminal Procedure, an order issued
under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary
ex parte order has been served on the person, or Chapter 85, Family Code,
or an order issued by another jurisdiction as provided by Chapter 88,
Family Code, the person knowingly or intentionally:
(1) commits family violence
or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012,
22.021, or 42.072;
(2) communicates:
(A) directly with a
protected individual or a member of the family or household in a
threatening or harassing manner;
(B) a threat through any
person to a protected individual or a member of the family or household; or
(C) in any manner with the
protected individual or a member of the family or household except through
the person's attorney or a person appointed by the court, if the violation
is of an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family or
household;
(3) goes to or near any of
the following places as specifically described in the order or condition of
bond:
(A) the residence or place
of employment or business of a protected individual or a member of the
family or household; or
(B) any child care facility,
residence, or school where a child protected by the order or condition of
bond normally resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes
with the care, custody, or control of a pet, companion animal, or
assistance animal that is possessed by a person protected by the order or
condition of bond; or
(6) removes, attempts to
remove, or otherwise tampers with the normal functioning of a global
positioning monitoring system.
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No
equivalent provision.
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SECTION 17. Section
25.07(b), Penal Code, is amended by adding Subdivision (8) to read as
follows:
(8) "Indecent
assault" means any conduct that constitutes an offense under Section 22.012.
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No
equivalent provision.
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SECTION 18. The heading to
Section 25.072, Penal Code, is amended to read as follows:
Sec. 25.072. REPEATED
VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE,
SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
CASE.
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No
equivalent provision.
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SECTION 19. Chapter 7A, Code
of Criminal Procedure, as amended by this Act, and Article 17.292, Code of
Criminal Procedure, as amended by this Act, apply only to a protective
order or magistrate's order for emergency protection that is issued on or
after the effective date of this Act. An order issued before the effective
date of this Act is governed by the law in effect on the date the order is
issued, and the former law is continued in effect for that purpose.
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No
equivalent provision.
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SECTION 20. Article
56.021(d), Code of Criminal Procedure, as amended by this Act, applies to a
victim of criminally injurious conduct for which a judgment of conviction
is entered or a grant of deferred adjudication is made on or after the
effective date of this Act, regardless of whether the criminally injurious
conduct occurred before, on, or after the effective date of this Act.
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No
equivalent provision.
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SECTION 21. Sections 22.011,
22.021, 25.07, and 25.072, Penal Code, as amended by this Act, apply 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.
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No
equivalent provision.
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SECTION 22. To the extent of
any conflict, this Act prevails over another Act of the 85th Legislature,
Regular Session, 2017, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 2. This Act takes
effect September 1, 2017.
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SECTION 23. Same as engrossed
version.
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