| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the punishment for the criminal offense of indecent |
|
|
assault; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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); |
|
|
(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 |
|
|
(C) the defendant provided an alcoholic beverage |
|
|
to the other person with the intent to commit the act and the other |
|
|
person was an employee, intern, or was otherwise supervised in a |
|
|
professional capacity by the defendant; 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. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an offense committed on or after the effective date of this Act. An |
|
|
offense committed before the effective date of this Act 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 |
|
|
this Act if any element of the offense occurred before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |