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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment for possession of child |
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pornography; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.03(b), Penal Code, is amended to read |
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as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed |
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against a victim younger than 17 years of age at the time of the |
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commission of the offense regardless of whether the accused is |
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convicted of violations of the same section more than once or is |
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convicted of violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; |
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(3) an offense: |
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(A) under Section 21.15 [or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections]; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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under Section 21.15 [listed in Paragraph (A), regardless of whether |
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the accused is charged with violations of the same section more than |
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once or is charged with violations of both sections]; |
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(4) an offense for which the judgment in the case |
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contains an affirmative finding under Article 42.0197, Code of |
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Criminal Procedure; |
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(5) an offense: |
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(A) under Section 20A.02, 20A.03, or 43.05, |
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regardless of whether the accused is convicted of violations of the |
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same section more than once or is convicted of violations of more |
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than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of more than one section; |
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(6) an offense: |
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(A) under Section 22.04(a)(1) or (2) or Section |
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22.04(a-1)(1) or (2) that is punishable as a felony of the first |
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degree, regardless of whether the accused is convicted of |
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violations of the same section more than once or is convicted of |
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violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) and punishable as described by that |
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paragraph, regardless of whether the accused is charged with |
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violations of the same section more than once or is charged with |
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violations of more than one section; or |
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(7) any combination of offenses listed in Subdivisions |
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(1)-(6). |
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SECTION 2. Section 43.26, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) An offense under Subsection (a) is: |
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(1) a felony of the third degree if the person |
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possesses visual material that contains fewer than 100 visual |
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depictions of a child as described by Subsection (a)(1); |
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(2) [, except that the offense is: |
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[(1)] a felony of the second degree if [it is shown on |
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the trial of the offense that] the person possesses visual material |
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that contains 100 or more visual depictions of a child as described |
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by Subsection (a)(1) but fewer than 500 such depictions [has been |
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previously convicted one time of an offense under that subsection]; |
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(3) [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 possesses visual material |
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that contains 500 or more visual depictions of a child as described |
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by Subsection (a)(1); or |
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(4) a felony of the first degree punishable by |
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imprisonment in the Texas Department of Criminal Justice for life |
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or for any term of not more than 99 years or less than 25 years if it |
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is shown on the trial of the offense that, at the time of the |
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offense, the person was: |
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(A) an employee at a child-care facility or a |
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residential child-care facility, as those terms are defined by |
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Section 42.002, Human Resources Code; |
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(B) an employee at a residential treatment |
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facility established under Section 221.056, Human Resources Code; |
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(C) an employee at a shelter or facility that |
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serves youth and that receives state funds; or |
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(D) receiving state funds for the care of a child |
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depicted by the visual material [has been previously convicted two |
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or more times of an offense under that subsection]. |
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(d-1) If it is shown on the trial of an offense under |
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Subsection (a) that the visual material depicted a child younger |
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than 10 years of age at the time the image of the child was made or |
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that the defendant has been previously convicted of an offense |
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under that subsection: |
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(1) an offense described for purposes of punishment by |
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Subsection (d)(1) or (2) is increased to the next higher category of |
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offense; or |
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(2) the minimum term of confinement for an offense |
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described for purposes of punishment by Subsection (d)(3) is |
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increased to 15 years. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |