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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the penalty for causing injury to a child; |
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changing the eligibility for community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 21.11(a)(1), Penal Code (Indecency with a |
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Child); |
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(7) Section 22.011, Penal Code (Sexual Assault); |
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(8) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(9) Section 22.04(a)(1) or (2) or (a-1)(1) or (2), |
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Penal Code (Injury to a Child, Elderly Individual, or Disabled |
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Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(10) Section 29.03, Penal Code (Aggravated Robbery); |
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(11) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(12) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(13) Section 43.25, Penal Code (Sexual Performance by |
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a Child); or |
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(14) Chapter 481, Health and Safety Code, for which |
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punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections. |
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SECTION 2. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community |
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supervision under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section |
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21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the |
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offense was younger than 14 years of age at the time the offense was |
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committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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43.05, or 43.25, Penal Code; [or] |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections; or |
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(8) is convicted of an offense under Section |
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22.04(a)(1) or (2) or (a-1)(1) or (2), Penal Code, if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child. |
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SECTION 3. Section 22.04, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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follows: |
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(e) Except as provided by Subsection (e-1), an [An] offense |
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under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the |
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first degree if [when] the conduct was [is] committed intentionally |
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or knowingly. If [When] the conduct was [is] engaged in |
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recklessly, the offense is a felony of the second degree. |
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(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1) |
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or (2) is a felony of the first degree, punishable by imprisonment |
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in the Texas Department of Criminal Justice for any term of not more |
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than 99 years or less than 10 years, if: |
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(1) the conduct was committed intentionally or |
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knowingly; and |
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(2) the victim of the offense was a child at the time |
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of the offense. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |