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Amend SB 312 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 22.012, Penal Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if it is shown on the trial of the offense that:
(A) the defendant has been previously convicted of an offense under this section, other than an offense punishable under Paragraph (B); or
(B) the defendant is a health care services provider or a mental health services provider and the act is:
(i) committed during the course of providing a treatment or service to the victim; and
(ii) beyond the scope of generally accepted practices for the treatment or service; or
(2) a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section that is punishable under Subdivision (1)(B).
(d) In this section, "health care services provider" and "mental health services provider" have the meanings assigned by Section 22.011.