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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of continuous sexual |
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abuse of a young child or children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.02(b), (c), and (e), Penal Code, are |
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amended to read as follows: |
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(b) A person commits an offense if: |
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(1) during a period that is 30 or more days in duration |
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and regardless of whether the acts are committed against one or more |
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victims, the person commits two or more acts of sexual abuse, at |
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least one of which occurs in this state [regardless of whether the
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acts of sexual abuse are committed against one or more victims]; and |
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(2) at the time of the commission of each of the acts |
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of sexual abuse, the actor is 17 years of age or older and the victim |
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is a child younger than 14 years of age, regardless of whether the |
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actor knows the age of the victim at the time of the offense. |
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(c) For purposes of this section, "act of sexual abuse" |
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means any act that is a violation of: |
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(1) one or more of the following penal laws of this |
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state: |
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(A) [(1)] aggravated kidnapping under Section |
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20.04(a)(4), if the actor committed the offense with the intent to |
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violate or abuse the victim sexually; |
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(B) [(2)] indecency with a child under Section |
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21.11(a)(1), if the actor committed the offense in a manner other |
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than by touching, including touching through clothing, the breast |
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of a child; |
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(C) [(3)] sexual assault under Section 22.011; |
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(D) [(4)] aggravated sexual assault under |
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Section 22.021; |
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(E) [(5)] burglary under Section 30.02, if the |
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offense is punishable under Subsection (d) of that section and the |
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actor committed the offense with the intent to commit an offense |
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listed in Paragraphs (A)-(D) [Subdivisions (1)-(4)]; |
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(F) [(6)] sexual performance by a child under |
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Section 43.25; |
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(G) [(7)] trafficking of persons under Section |
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20A.02(a)(7) or (8); and |
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(H) [(8)] compelling prostitution under Section |
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43.05(a)(2); or |
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(2) a penal law of another state containing elements |
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that are substantially similar to the elements of an offense listed |
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in Subdivision (1). |
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(e) A defendant may not be convicted in the same criminal |
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action of an offense listed under Subsection (c)(1) [(c)] the |
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victim of which is the same victim as a victim of the offense |
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alleged under Subsection (b) unless the offense listed in |
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Subsection (c)(1) [(c)]: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (b) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (b). |
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SECTION 2. 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 was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |