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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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sexual assault of a child and changing the eligibility for parole of |
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certain persons convicted of that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.145(a), Government Code, is amended |
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to read as follows: |
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(a) An inmate is not eligible for release on parole if the |
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inmate is under sentence of death, serving a sentence of life |
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imprisonment without parole, or serving a sentence for any of the |
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following offenses under the Penal Code: |
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(1) Section 20A.03, if the offense is based partly or |
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wholly on conduct constituting an offense under Section |
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20A.02(a)(5), (6), (7), or (8); |
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(2) Section 21.02; |
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(3) Section 22.011, if the offense is punishable under |
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Subsection (f)(1)(B) of that section; |
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(4) Section 22.021, if the offense is punishable under |
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Subsection (f) of that section; or |
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(5) [(4)] Section 51.03 or 51.04. |
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SECTION 2. Section 22.011(f), Penal Code, is amended to |
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read as follows: |
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(f) An offense under this section is a felony of the second |
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degree, except that an offense under this section is: |
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(1) a felony of the first degree if [the victim was]: |
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(A) the victim was: |
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(i) a person whom the actor was prohibited |
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from marrying or purporting to marry or with whom the actor was |
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prohibited from living under the appearance of being married under |
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Section 25.01; or |
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(ii) [(B)] a person with whom the actor was |
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prohibited from engaging in sexual intercourse or deviate sexual |
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intercourse under Section 25.02; or |
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(B) the offense was committed under Subsection |
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(a)(2); or |
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(2) a state jail felony if the offense is committed |
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under Subsection (a)(1) and the actor has not received express |
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consent as described by Subsection (b)(12). |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |