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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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indecent assault against a disabled or elderly individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.012(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if it is shown on the trial of |
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the offense that: |
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(A) the defendant has been previously convicted |
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of an offense under this section, other than an offense punishable |
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under Paragraph (B); or |
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(B) the defendant is a health care services |
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provider or a mental health services provider and the act is: |
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(i) committed during the course of |
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providing a treatment or service to the victim; and |
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(ii) beyond the scope of generally accepted |
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practices for the treatment or service; [or] |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted of an offense under this section that is punishable under |
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Subdivision (1)(B); or |
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(3) a felony of the second degree if the victim is a |
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disabled individual or an elderly individual. |
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(d) In this section: [,] |
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(1) "Disabled individual" and "elderly individual" |
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have the meanings assigned by Section 22.04. |
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(2) "Health ["health] care services provider" and |
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"mental health services provider" have the meanings assigned by |
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Section 22.011. |
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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 occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |