| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increasing the minimum term of imprisonment and |
|
|
changing the eligibility for community supervision and parole of |
|
|
certain persons convicted of sexual assault and aggravated sexual |
|
|
assault. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 22.011(f), Penal Code, is amended to |
|
|
read as follows: |
|
|
(f) An offense under this section is a felony of the second |
|
|
degree with a minimum term of imprisonment of 10 years, except that |
|
|
an offense under this section is: |
|
|
(1) a felony of the first degree with a minimum term of |
|
|
imprisonment of 10 years if the victim was: |
|
|
(A) a person whom the actor was prohibited from |
|
|
marrying or purporting to marry or with whom the actor was |
|
|
prohibited from living under the appearance of being married under |
|
|
Section 25.01; or |
|
|
(B) a person with whom the actor was prohibited |
|
|
from engaging in sexual intercourse or deviate sexual intercourse |
|
|
under Section 25.02; or |
|
|
(2) a state jail felony if the offense is committed |
|
|
under Subsection (a)(1) and the actor has not received express |
|
|
consent as described by Subsection (b)(12). |
|
|
SECTION 2. Sections 22.021(e) and (f), Penal Code, are |
|
|
amended to read as follows: |
|
|
(e) Except as provided by Subsection (f), an [An] offense |
|
|
under this section is a felony of the first degree with a minimum |
|
|
term of imprisonment of 25 years. |
|
|
(f) The minimum term of imprisonment for an offense under |
|
|
this section is increased to 50 [25] years if: |
|
|
(1) the victim of the offense is younger than six years |
|
|
of age at the time the offense is committed; or |
|
|
(2) the victim of the offense is younger than 14 years |
|
|
of age at the time the offense is committed and the actor commits |
|
|
the offense in a manner described by Subsection (a)(2)(A). |
|
|
SECTION 3. Article 42A.056, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
|
|
SUPERVISION. A defendant is not eligible for community supervision |
|
|
under Article 42A.055 if the defendant: |
|
|
(1) is sentenced to a term of imprisonment that |
|
|
exceeds 10 years; |
|
|
(2) is convicted of a state jail felony for which |
|
|
suspension of the imposition of the sentence occurs automatically |
|
|
under Article 42A.551; |
|
|
(3) is adjudged guilty of an offense under Section |
|
|
19.02, Penal Code; |
|
|
(4) is convicted of an offense under: |
|
|
(A) Section 21.11, [22.011, or 22.021,] Penal |
|
|
Code, if the victim of the offense was younger than 14 years of age |
|
|
at the time the offense was committed; |
|
|
(B) Section 22.011, Penal Code, that is |
|
|
punishable as a first or second degree felony; or |
|
|
(C) Section 22.021, Penal Code; |
|
|
(5) is convicted of an offense under Section 20.04, |
|
|
Penal Code, if: |
|
|
(A) the victim of the offense was younger than 14 |
|
|
years of age at the time the offense was committed; and |
|
|
(B) the actor committed the offense with the |
|
|
intent to violate or abuse the victim sexually; |
|
|
(6) is convicted of an offense under Section 20A.02, |
|
|
20A.03, 43.04, 43.05, or 43.25, Penal Code; |
|
|
(7) is convicted of an offense for which punishment is |
|
|
increased under Section 481.134(c), (d), (e), or (f), Health and |
|
|
Safety Code, if it is shown that the defendant has been previously |
|
|
convicted of an offense for which punishment was increased under |
|
|
any of those subsections; or |
|
|
(8) is convicted of an offense under Section 481.1123, |
|
|
Health and Safety Code, if the offense is punishable under |
|
|
Subsection (d), (e), or (f) of that section. |
|
|
SECTION 4. Article 42A.102, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 42A.102. ELIGIBILITY FOR DEFERRED ADJUDICATION |
|
|
COMMUNITY SUPERVISION. (a) Subject to Subsection (b), a judge may |
|
|
place on deferred adjudication community supervision a defendant |
|
|
charged with an offense under Section 21.11 or [,] 22.011, [or |
|
|
22.021,] Penal Code, regardless of the age of the victim, or a |
|
|
defendant charged with a felony described by Article 42A.453(b) |
|
|
only if the judge makes a finding in open court that placing the |
|
|
defendant on deferred adjudication community supervision is in the |
|
|
best interest of the victim. The failure of the judge to make a |
|
|
finding under this subsection is not grounds for the defendant to |
|
|
set aside the plea, deferred adjudication, or any subsequent |
|
|
conviction or sentence. |
|
|
(b) In all other cases, the judge may grant deferred |
|
|
adjudication community supervision unless: |
|
|
(1) the defendant is charged with an offense: |
|
|
(A) under Section 20A.02, 20A.03, 49.045, 49.05, |
|
|
49.065, 49.07, or 49.08, Penal Code; |
|
|
(B) under Section 49.04 or 49.06, Penal Code, |
|
|
and, at the time of the offense: |
|
|
(i) the defendant held a commercial |
|
|
driver's license or a commercial learner's permit; or |
|
|
(ii) the defendant's alcohol concentration, |
|
|
as defined by Section 49.01, Penal Code, was 0.15 or more; |
|
|
(C) for which punishment may be increased under |
|
|
Section 49.09, Penal Code; |
|
|
(D) for which punishment may be increased under |
|
|
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it |
|
|
is shown that the defendant has been previously convicted of an |
|
|
offense for which punishment was increased under any one of those |
|
|
subsections; or |
|
|
(E) under Section 481.1123, Health and Safety |
|
|
Code, that is punishable under Subsection (d), (e), or (f) of that |
|
|
section; |
|
|
(2) the defendant: |
|
|
(A) is charged with an offense under Section |
|
|
21.11, 22.011, [22.021,] 43.04, or 43.05, Penal Code, regardless of |
|
|
the age of the victim, or a felony described by Article 42A.453(b), |
|
|
other than a felony described by Subdivision (1)(A) or (3)(C) |
|
|
[(3)(B)] of this subsection; and |
|
|
(B) has previously been placed on community |
|
|
supervision for an offense under Paragraph (A); |
|
|
(3) the defendant is charged with an offense under: |
|
|
(A) Section 21.02, Penal Code; [or] |
|
|
(B) Section 22.011, Penal Code, that is |
|
|
punishable as a first or second degree felony; or |
|
|
(C) Section 22.021, Penal Code [, that is |
|
|
punishable under Subsection (f) of that section or under Section |
|
|
12.42(c)(3) or (4), Penal Code]; or |
|
|
(4) the defendant is charged with an offense under |
|
|
Section 19.02, Penal Code, except that the judge may grant deferred |
|
|
adjudication community supervision on determining that the |
|
|
defendant did not cause the death of the deceased, did not intend to |
|
|
kill the deceased or another, and did not anticipate that a human |
|
|
life would be taken. |
|
|
SECTION 5. Article 42A.103(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) In a felony case, the period of deferred adjudication |
|
|
community supervision may not exceed 10 years. For a defendant |
|
|
charged with a felony under Section 21.11 or [,] 22.011, [or |
|
|
22.021,] Penal Code, regardless of the age of the victim, and for a |
|
|
defendant charged with a felony described by Article 42A.453(b), |
|
|
the period of deferred adjudication community supervision may not |
|
|
be less than five years. |
|
|
SECTION 6. Article 42A.105(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(c) If a judge places on deferred adjudication community |
|
|
supervision a defendant charged with an offense under Section 21.11 |
|
|
[or 22.011], Penal Code, the judge shall make an affirmative |
|
|
finding of fact and file a statement of that affirmative finding |
|
|
with the papers in the case if the judge determines that: |
|
|
(1) at the time of the offense, the defendant was not |
|
|
more than four years older than the victim or intended victim and |
|
|
the victim or intended victim was at least 15 years of age; and |
|
|
(2) the charge to which the plea is entered under this |
|
|
subchapter is based solely on the ages of the defendant and the |
|
|
victim or intended victim at the time of the offense. |
|
|
SECTION 7. Article 42A.258(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) If the defendant is a sex offender, other than a |
|
|
defendant who has been convicted of, or has entered a plea of guilty |
|
|
or nolo contendere for, a first or second degree felony under |
|
|
Section 22.011, Penal Code, or an offense under Section 22.021, |
|
|
Penal Code, the judge shall direct a supervision officer approved |
|
|
by the community supervision and corrections department or the |
|
|
judge, or a person, program, or other agency approved by the |
|
|
council, to: |
|
|
(1) evaluate the appropriateness of, and a course of |
|
|
conduct necessary for, treatment, specialized supervision, or |
|
|
rehabilitation of the defendant; and |
|
|
(2) report the results of the evaluation to the judge. |
|
|
SECTION 8. Article 42A.303(c), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(c) The judge may impose the condition of community |
|
|
supervision described by this article if: |
|
|
(1) the defendant is charged with or convicted of a |
|
|
felony other than: |
|
|
(A) a felony under Section 21.11 or [,] 22.011, |
|
|
[or 22.021,] Penal Code; or |
|
|
(B) criminal attempt of a felony under Section |
|
|
21.11, 22.011, or 22.021, Penal Code; and |
|
|
(2) the judge makes an affirmative finding that: |
|
|
(A) drug or alcohol abuse significantly |
|
|
contributed to the commission of the offense or violation of a |
|
|
condition of community supervision, as applicable; and |
|
|
(B) the defendant is a suitable candidate for |
|
|
treatment, as determined by the suitability criteria established by |
|
|
the Texas Board of Criminal Justice under Section 493.009(b), |
|
|
Government Code. |
|
|
SECTION 9. Article 42A.453(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) This article applies to a defendant placed on community |
|
|
supervision for an offense under: |
|
|
(1) Section 20.04(a)(4), Penal Code, if the defendant |
|
|
committed the offense with the intent to violate or abuse the victim |
|
|
sexually; |
|
|
(2) Section 20A.02, Penal Code, if the defendant: |
|
|
(A) trafficked the victim with the intent or |
|
|
knowledge that the victim would engage in sexual conduct, as |
|
|
defined by Section 43.25, Penal Code; or |
|
|
(B) benefited from participating in a venture |
|
|
that involved a trafficked victim engaging in sexual conduct, as |
|
|
defined by Section 43.25, Penal Code; |
|
|
(3) Section 21.08, 21.11, [22.011, 22.021,] or 25.02, |
|
|
Penal Code; |
|
|
(4) Section 30.02, Penal Code, punishable under |
|
|
Subsection (d) of that section, if the defendant committed the |
|
|
offense with the intent to commit a felony listed in Subdivision (1) |
|
|
or (3); or |
|
|
(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code. |
|
|
SECTION 10. Article 42A.454(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) This article applies only to a defendant who is required |
|
|
to register as a sex offender under Chapter 62, by court order or |
|
|
otherwise, and: |
|
|
(1) is convicted of or receives a grant of deferred |
|
|
adjudication community supervision for a violation of Section |
|
|
21.11, [22.011(a)(2), 22.021(a)(1)(B),] 33.021, or 43.25, Penal |
|
|
Code; |
|
|
(2) used the Internet or any other type of electronic |
|
|
device used for Internet access to commit the offense or engage in |
|
|
the conduct for which the person is required to register under |
|
|
Chapter 62; or |
|
|
(3) is assigned a numeric risk level of two or three |
|
|
based on an assessment conducted under Article 62.007. |
|
|
SECTION 11. Article 42A.455, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 42A.455. PAYMENT TO CHILDREN'S ADVOCACY CENTER. A |
|
|
judge who grants community supervision to a defendant charged with |
|
|
or convicted of an offense under Section 21.11 [or 22.011(a)(2)], |
|
|
Penal Code, may require the defendant to pay a fine in an amount not |
|
|
to exceed $50 to a children's advocacy center established under |
|
|
Subchapter E, Chapter 264, Family Code. |
|
|
SECTION 12. Article 42A.653(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) A judge who grants community supervision to a defendant |
|
|
convicted of an offense under Section 21.08, 21.11, 22.011, |
|
|
[22.021,] 25.02, 43.25, or 43.26, Penal Code, shall require as a |
|
|
condition of community supervision that the defendant pay to the |
|
|
defendant's supervision officer a community supervision fine of $5 |
|
|
each month during the period of community supervision. |
|
|
SECTION 13. Article 42A.752(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) If after a hearing under Article 42A.751(d) a judge |
|
|
continues or modifies community supervision after determining that |
|
|
the defendant violated a condition of community supervision, the |
|
|
judge may impose any other conditions the judge determines are |
|
|
appropriate, including: |
|
|
(1) a requirement that the defendant perform community |
|
|
service for a number of hours specified by the court under Article |
|
|
42A.304, or an increase in the number of hours that the defendant |
|
|
has previously been required to perform under that article in an |
|
|
amount not to exceed double the number of hours permitted by that |
|
|
article; |
|
|
(2) an extension of the period of community |
|
|
supervision, in the manner described by Article 42A.753; |
|
|
(3) an increase in the defendant's fine, in the manner |
|
|
described by Subsection (b); or |
|
|
(4) the placement of the defendant in a substance |
|
|
abuse felony punishment program operated under Section 493.009, |
|
|
Government Code, if: |
|
|
(A) the defendant is convicted of a felony other |
|
|
than: |
|
|
(i) a felony under Section 21.11 or [,] |
|
|
22.011, [or 22.021,] Penal Code; or |
|
|
(ii) criminal attempt of a felony under |
|
|
Section 21.11, 22.011, or 22.021, Penal Code; and |
|
|
(B) the judge makes an affirmative finding that: |
|
|
(i) drug or alcohol abuse significantly |
|
|
contributed to the commission of the offense or violation of a |
|
|
condition of community supervision, as applicable; and |
|
|
(ii) the defendant is a suitable candidate |
|
|
for treatment, as determined by the suitability criteria |
|
|
established by the Texas Board of Criminal Justice under Section |
|
|
493.009(b), Government Code. |
|
|
SECTION 14. Article 42A.757(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) If a defendant is placed on community supervision after |
|
|
receiving a grant of deferred adjudication community supervision |
|
|
for or being convicted of an offense under Section 21.11 or [,] |
|
|
22.011, [or 22.021,] Penal Code, at any time during the period of |
|
|
community supervision, the judge may extend the period of community |
|
|
supervision as provided by this article. |
|
|
SECTION 15. Section 508.145(d)(2), Government Code, is |
|
|
amended to read as follows: |
|
|
(2) An inmate described by Subdivision (1) is not |
|
|
eligible for release on parole until the inmate's actual calendar |
|
|
time served, without consideration of good conduct time, equals |
|
|
one-half of the sentence or 30 calendar years, whichever is less, |
|
|
but in no event is the inmate eligible for release on parole in less |
|
|
than: |
|
|
(A) 10 calendar years, for an inmate serving a |
|
|
sentence for an offense under Section 22.011, Penal Code; |
|
|
(B) 25 calendar years, for an inmate serving a |
|
|
sentence for an offense under Section 22.021, Penal Code, except as |
|
|
provided by Subsection (a)(3); or |
|
|
(C) two calendar years, for an inmate serving a |
|
|
sentence for any other offense to which this subsection applies. |
|
|
SECTION 16. The change in law made by this Act applies 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 17. This Act takes effect September 1, 2023. |