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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the punishment for the offense of possession |
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or promotion of child pornography; changing parole eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 12 to read as follows: |
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Sec. 12. In addition to the information described by |
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Section 1, the judgment should reflect affirmative findings entered |
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pursuant to Article 42.0151. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0151 to read as follows: |
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Art. 42.0151. FINDING REGARDING CHILD PORNOGRAPHY. In the |
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trial of an offense under Section 43.26, Penal Code, the judge shall |
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make an affirmative finding of fact and enter the affirmative |
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finding in the judgment in the case if the judge determines the |
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child depicted in the visual material was younger than six years of |
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age at the time the image was made. |
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SECTION 3. Section 508.145(a), Government Code, is amended |
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to read as follows: |
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(a) An inmate is not eligible for release on parole if the |
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inmate is: |
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(1) under sentence of death; |
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(2) [,] serving a sentence of life imprisonment |
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without parole; |
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(3) serving a sentence for an offense for which the |
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judgment contains an affirmative finding under Article 42.0151, |
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Code of Criminal Procedure; |
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(4) [,] serving a sentence for an offense under |
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Section 21.02, Penal Code; or |
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(5) [, or] serving a sentence for an offense under |
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Section 22.021, Penal Code, that is punishable under Subsection (f) |
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of that section [is not eligible for release on parole]. |
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SECTION 4. Section 43.25(g), Penal Code, is amended to read |
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as follows: |
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(g) When it becomes necessary for the purposes of this |
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section or Section 43.26 to make a determination regarding the age |
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of [determine whether] a child who participated in sexual conduct |
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[was younger than 18 years of age], the court or jury may make that |
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[this] determination by any of the following methods: |
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(1) personal inspection of the child; |
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(2) inspection of the photograph or motion picture |
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that shows the child engaging in the sexual performance; |
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(3) oral testimony by a witness to the sexual |
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performance as to the age of the child based on the child's |
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appearance at the time; |
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(4) expert medical testimony based on the appearance |
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of the child engaging in the sexual performance; or |
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(5) any other method authorized by law or by the rules |
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of evidence at common law. |
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SECTION 5. Sections 43.26(d) and (g), Penal Code, are |
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amended to read as follows: |
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(d) An offense under Subsection (a) is a felony of the third |
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degree, except that the offense is: |
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(1) a felony of the second degree if: |
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(A) it is shown on the trial of the offense that |
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the person has been previously convicted one time of an offense |
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under Subsection (a); or |
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(B) the child depicted in the visual material was |
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younger than 14 years of age at the time the image was made [that
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subsection]; and |
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(2) a felony of the first degree if it is shown on the |
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trial of the offense that the person has been previously convicted |
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two or more times of an offense under Subsection (a) [that
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subsection]. |
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(g) An offense under Subsection (e) is a felony of the |
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second degree, except that the offense is a felony of the first |
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degree if: |
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(1) it is shown on the trial of the offense that the |
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person has been previously convicted of an offense under Subsection |
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(e); or |
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(2) the child depicted in the visual material was |
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younger than 14 years of age at the time the image was made [that
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subsection]. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |