| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of certain employees or annuitants |
|
|
convicted of certain felony offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42.01, Code of Criminal Procedure, is |
|
|
amended by adding Section 12 to read as follows: |
|
|
Sec. 12. In addition to the information described by |
|
|
Section 1, the judgment should reflect affirmative findings entered |
|
|
pursuant to Article 42.0192. |
|
|
SECTION 2. Chapter 42, Code of Criminal Procedure, is |
|
|
amended by adding Article 42.0192 to read as follows: |
|
|
Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO |
|
|
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense |
|
|
described by Section 814.013 or 824.009, Government Code, the judge |
|
|
shall make an affirmative finding of fact and enter the affirmative |
|
|
finding in the judgment in the case if the judge determines that the |
|
|
offense committed was related to the defendant's employment |
|
|
described by Section 814.013(b) or Section 824.009(b), Government |
|
|
Code, while a member of the Employees Retirement System of Texas or |
|
|
the Teacher Retirement System of Texas. |
|
|
(b) A judge who makes the affirmative finding described by |
|
|
this article shall make the determination and provide the notice |
|
|
required by Section 814.013(l) or 824.009(l), Government Code, as |
|
|
applicable. |
|
|
SECTION 3. Subchapter A, Chapter 814, Government Code, is |
|
|
amended by adding Section 814.013 to read as follows: |
|
|
Sec. 814.013. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE |
|
|
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. |
|
|
(a) In this section, "qualifying felony" means an offense that is |
|
|
punishable as a felony under the following sections of the Penal |
|
|
Code, or a federal offense that contains elements that are |
|
|
substantially similar to the elements of a listed felony offense: |
|
|
(1) Section 15.01 (criminal attempt), Section 15.02 |
|
|
(criminal conspiracy), Section 15.03 (criminal solicitation), or |
|
|
Section 15.031 (criminal solicitation of a minor); |
|
|
(2) Section 19.02 (murder), Section 19.03 (capital |
|
|
murder), Section 19.04 (manslaughter), or Section 19.05 |
|
|
(criminally negligent homicide); |
|
|
(3) Section 20.02 (unlawful restraint); |
|
|
(4) Section 20.03 (kidnapping) or Section 20.04 |
|
|
(aggravated kidnapping); |
|
|
(5) Section 20.05 (smuggling of persons); |
|
|
(6) Section 20A.02 (trafficking of persons); |
|
|
(7) Section 21.02 (continuous sexual abuse of young |
|
|
child or children); |
|
|
(8) Section 21.11 (indecency with a child); |
|
|
(9) Section 21.12 (improper relationship between |
|
|
educator and student); |
|
|
(10) Section 22.01 (assault); |
|
|
(11) Section 22.011 (sexual assault) or Section 22.021 |
|
|
(aggravated sexual assault); |
|
|
(12) Section 22.04 (injury to a child, elderly |
|
|
individual, or disabled individual); |
|
|
(13) Section 22.041 (abandoning or endangering |
|
|
child); |
|
|
(14) Section 33.021 (online solicitation of a minor); |
|
|
(15) Section 43.05 (compelling prostitution); |
|
|
(16) Section 43.25 (sexual performance by a child); |
|
|
(17) Section 43.251 (employment harmful to children); |
|
|
or |
|
|
(18) Section 43.26 (possession or promotion of child |
|
|
pornography). |
|
|
(b) This section applies only to a person who is a member or |
|
|
an annuitant of the retirement system and is or was an employee of |
|
|
the Texas Juvenile Justice Department in one of that department's |
|
|
institutional schools. |
|
|
(c) Except as provided by Subsection (e), a person is not |
|
|
eligible to receive a service retirement annuity from the |
|
|
retirement system if the person is convicted of a qualifying felony |
|
|
the victim of which is a student. |
|
|
(d) The retirement system shall suspend payments of an |
|
|
annuity to a person who is not eligible to receive a service |
|
|
retirement annuity under Subsection (c), as determined by the |
|
|
retirement system, on receipt by the retirement system of: |
|
|
(1) notice of a conviction for a qualifying felony |
|
|
under Subsection (f) or (l); |
|
|
(2) notice of a conviction for a qualifying felony |
|
|
from a district court or district attorney; or |
|
|
(3) any other information the retirement system |
|
|
determines by rule is sufficient to establish a conviction for a |
|
|
qualifying felony. |
|
|
(e) A person whose conviction is overturned on appeal or who |
|
|
meets the requirements for innocence under Section 103.001(a)(2), |
|
|
Civil Practice and Remedies Code: |
|
|
(1) is entitled to receive an amount equal to the |
|
|
accrued total of payments and interest earned on the payments |
|
|
withheld during the suspension period; and |
|
|
(2) may resume receipt of annuity payments on payment |
|
|
to the retirement system of an amount equal to the contributions |
|
|
refunded to the person under Subsection (g). |
|
|
(f) Not later than the 30th day after the date of a person's |
|
|
conviction for a qualifying felony, the school at which the person |
|
|
was employed shall provide written notice of the conviction to the |
|
|
retirement system. The notice must comply with rules adopted by the |
|
|
board of trustees under Subsection (k). |
|
|
(g) A person who is not eligible to receive a service |
|
|
retirement annuity under Subsection (c) is entitled to a refund of |
|
|
the person's retirement annuity contributions, including interest |
|
|
earned on those contributions. |
|
|
(h) Benefits payable to an alternate payee under Chapter 804 |
|
|
who is recognized by a domestic relations order established before |
|
|
September 1, 2017, are not affected by a person's ineligibility to |
|
|
receive a retirement annuity under Subsection (c). |
|
|
(i) On conviction of a person for a qualifying felony, a |
|
|
court may, in the interest of justice and in the same manner as in a |
|
|
divorce proceeding, award half of the service retirement annuity |
|
|
forfeited by the person as the separate property of an innocent |
|
|
spouse if the annuity is partitioned or exchanged by written |
|
|
agreement of the spouses as provided by Subchapter B, Chapter 4, |
|
|
Family Code. The amount awarded to the innocent spouse may not be |
|
|
converted to community property. |
|
|
(j) Ineligibility for a retirement annuity under this |
|
|
section does not impair a person's right to any other retirement |
|
|
benefit for which the person is eligible. |
|
|
(k) The board of trustees of the retirement system shall |
|
|
adopt rules and procedures to implement this section. |
|
|
(l) A court shall notify the retirement system of the terms |
|
|
of a person's conviction for a qualifying felony. |
|
|
SECTION 4. Subchapter A, Chapter 824, Government Code, is |
|
|
amended by adding Section 824.009 to read as follows: |
|
|
Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE |
|
|
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY. |
|
|
(a) In this section, "qualifying felony" means an offense that is |
|
|
punishable as a felony under the following sections of the Penal |
|
|
Code, or a federal offense that contains elements that are |
|
|
substantially similar to the elements of a listed felony offense: |
|
|
(1) Section 15.01 (criminal attempt), Section 15.02 |
|
|
(criminal conspiracy), Section 15.03 (criminal solicitation), or |
|
|
Section 15.031 (criminal solicitation of a minor); |
|
|
(2) Section 19.02 (murder), Section 19.03 (capital |
|
|
murder), Section 19.04 (manslaughter), or Section 19.05 |
|
|
(criminally negligent homicide); |
|
|
(3) Section 20.02 (unlawful restraint); |
|
|
(4) Section 20.03 (kidnapping) or Section 20.04 |
|
|
(aggravated kidnapping); |
|
|
(5) Section 20.05 (smuggling of persons); |
|
|
(6) Section 20A.02 (trafficking of persons); |
|
|
(7) Section 21.02 (continuous sexual abuse of young |
|
|
child or children); |
|
|
(8) Section 21.11 (indecency with a child); |
|
|
(9) Section 21.12 (improper relationship between |
|
|
educator and student); |
|
|
(10) Section 22.01 (assault); |
|
|
(11) Section 22.011 (sexual assault) or Section 22.021 |
|
|
(aggravated sexual assault); |
|
|
(12) Section 22.04 (injury to a child, elderly |
|
|
individual, or disabled individual); |
|
|
(13) Section 22.041 (abandoning or endangering |
|
|
child); |
|
|
(14) Section 33.021 (online solicitation of a minor); |
|
|
(15) Section 43.05 (compelling prostitution); |
|
|
(16) Section 43.25 (sexual performance by a child); |
|
|
(17) Section 43.251 (employment harmful to children); |
|
|
or |
|
|
(18) Section 43.26 (possession or promotion of child |
|
|
pornography). |
|
|
(b) This section applies only to a person who is a member or |
|
|
an annuitant of the retirement system and is or was an employee of |
|
|
the public school system. |
|
|
(c) Except as provided by Subsection (e), a person is not |
|
|
eligible to receive a service retirement annuity from the |
|
|
retirement system if the person is convicted of a qualifying felony |
|
|
the victim of which is a student. |
|
|
(d) The retirement system shall suspend payments of an |
|
|
annuity to a person who is not eligible to receive a service |
|
|
retirement annuity under Subsection (c), as determined by the |
|
|
retirement system, on receipt by the retirement system of: |
|
|
(1) notice of a conviction for a qualifying felony |
|
|
under Subsection (f) or (l); |
|
|
(2) notice of a conviction for a qualifying felony |
|
|
from a district court or district attorney; or |
|
|
(3) any other information the retirement system |
|
|
determines by rule is sufficient to establish a conviction for a |
|
|
qualifying felony. |
|
|
(e) A person whose conviction is overturned on appeal or who |
|
|
meets the requirements for innocence under Section 103.001(a)(2), |
|
|
Civil Practice and Remedies Code: |
|
|
(1) is entitled to receive an amount equal to the |
|
|
accrued total of payments and interest earned on the payments |
|
|
withheld during the suspension period; and |
|
|
(2) may resume receipt of annuity payments on payment |
|
|
to the retirement system of an amount equal to the contributions |
|
|
refunded to the person under Subsection (g). |
|
|
(f) Not later than the 30th day after the date of a person's |
|
|
conviction for a qualifying felony, the school at which the person |
|
|
was employed shall provide written notice of the conviction to the |
|
|
retirement system. The notice must comply with rules adopted by the |
|
|
board of trustees under Subsection (k). |
|
|
(g) A person who is not eligible to receive a service |
|
|
retirement annuity under Subsection (c) is entitled to a refund of |
|
|
the person's retirement annuity contributions, including interest |
|
|
earned on those contributions. |
|
|
(h) Benefits payable to an alternate payee under Chapter 804 |
|
|
who is recognized by a domestic relations order established before |
|
|
September 1, 2017, are not affected by a person's ineligibility to |
|
|
receive a retirement annuity under Subsection (c). |
|
|
(i) On conviction of a person for a qualifying felony, a |
|
|
court may, in the interest of justice and in the same manner as in a |
|
|
divorce proceeding, award half of the service retirement annuity |
|
|
forfeited by the person as the separate property of an innocent |
|
|
spouse if the annuity is partitioned or exchanged by written |
|
|
agreement of the spouses as provided by Subchapter B, Chapter 4, |
|
|
Family Code. The amount awarded to the innocent spouse may not be |
|
|
converted to community property. |
|
|
(j) Ineligibility for a retirement annuity under this |
|
|
section does not impair a person's right to any other retirement |
|
|
benefit for which the person is eligible. |
|
|
(k) The board of trustees of the retirement system shall |
|
|
adopt rules and procedures to implement this section. |
|
|
(l) A court shall notify the retirement system of the terms |
|
|
of a person's conviction of a qualifying felony. |
|
|
SECTION 5. Section 12, Article 42.01, Code of Criminal |
|
|
Procedure, and Article 42.0192, Code of Criminal Procedure, as |
|
|
added by this Act, apply only to a judgment of conviction entered on |
|
|
or after the effective date of this Act. |
|
|
SECTION 6. (a) Not later than December 31, 2017, the board |
|
|
of trustees of the Employees Retirement System of Texas shall adopt |
|
|
the rules necessary to implement Section 814.013, Government Code, |
|
|
as added by this Act. |
|
|
(b) Not later than December 31, 2017, the board of trustees |
|
|
of the Teacher Retirement System of Texas shall adopt the rules |
|
|
necessary to implement Section 824.009, Government Code, as added |
|
|
by this Act. |
|
|
SECTION 7. Sections 814.013 and 824.009, Government Code, |
|
|
as added by this Act, apply only to an offense committed on or after |
|
|
the effective date of rules adopted in accordance with those |
|
|
sections. An offense committed before that date 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 |
|
|
rules adopted in accordance with Sections 814.013 and 824.009, |
|
|
Government Code, as added by this Act, if any element of the offense |
|
|
occurred before that date. |
|
|
SECTION 8. This Act takes effect September 1, 2017. |