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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the penalty for causing injury to a child; |
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changing the eligibility for community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3g(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) The provisions of Section 3 of this article do not |
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apply: |
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(1) to a defendant adjudged guilty of an offense |
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under: |
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(A) Section 19.02, Penal Code (Murder); |
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(B) Section 19.03, Penal Code (Capital murder); |
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(C) Section 21.11(a)(1), Penal Code (Indecency |
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with a child); |
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(D) Section 20.04, Penal Code (Aggravated |
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kidnapping); |
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(E) Section 22.021, Penal Code (Aggravated |
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sexual assault); |
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(F) Section 29.03, Penal Code (Aggravated |
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robbery); |
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(G) Chapter 481, Health and Safety Code, for |
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which punishment is increased under: |
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(i) Section 481.140, Health and Safety |
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Code; or |
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(ii) Section 481.134(c), (d), (e), or (f), |
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Health and Safety Code, if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; |
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(H) Section 22.011, Penal Code (Sexual assault); |
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(I) Section 22.04(a)(1) or (2) or (a-1)(1) or |
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(2), Penal Code (Injury to a child, elderly individual, or disabled |
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individual), if the offense is punishable as a felony of the first |
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degree and the victim of the offense is a child; |
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(J) Section 43.25, Penal Code (Sexual |
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performance by a child); |
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(K) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(L) Section 43.05, Penal Code (Compelling |
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prostitution); |
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(M) Section 20A.02, Penal Code (Trafficking of |
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persons); or |
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(N) Section 30.02, Penal Code (Burglary), if the |
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offense is punishable under Subsection (d) of that section and the |
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actor committed the offense with the intent to commit a felony under |
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Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or |
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(2) to a defendant when it is shown that a deadly |
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weapon as defined in Section 1.07, Penal Code, was used or exhibited |
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during the commission of a felony offense or during immediate |
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flight therefrom, and that the defendant used or exhibited the |
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deadly weapon or was a party to the offense and knew that a deadly |
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weapon would be used or exhibited. On an affirmative finding under |
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this subdivision, the trial court shall enter the finding in the |
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judgment of the court. On an affirmative finding that the deadly |
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weapon was a firearm, the court shall enter that finding in its |
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judgment. |
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SECTION 2. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Section 15(a); |
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(3) does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; |
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(4) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any one of those subsections; |
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(5) is convicted of an offense listed in: |
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(A) Section 3g(a)(1)(C), (E), or (H), if the |
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victim of the offense was younger than 14 years of age at the time |
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the offense was committed; or |
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(B) Section 3g(a)(1)(I); |
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(6) is convicted of an offense listed in Section |
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3g(a)(1)(D), if the victim of the offense was younger than 14 years |
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of age at the time the offense was committed and the actor committed |
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the offense with the intent to violate or abuse the victim sexually; |
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(7) is convicted of an offense listed in Section |
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3g(a)(1)(J), (L), or (M); or |
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(8) is adjudged guilty of an offense under Section |
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19.02, Penal Code. |
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SECTION 3. Section 22.04, Penal Code, is amended by |
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amending Subsection (e) and adding Subsection (e-1) to read as |
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follows: |
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(e) Except as provided by Subsection (e-1), an [An] offense |
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under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the |
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first degree if [when] the conduct was [is] committed intentionally |
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or knowingly. If [When] the conduct was [is] engaged in |
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recklessly, the offense is a felony of the second degree. |
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(e-1) An offense under Subsection (a)(1) or (2) or (a-1)(1) |
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or (2) is a felony of the first degree, punishable by imprisonment |
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in the Texas Department of Criminal Justice for any term of not more |
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than 99 years or less than 10 years, if: |
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(1) the conduct was committed intentionally or |
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knowingly; and |
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(2) the victim of the offense was a child at the time |
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of the offense. |
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SECTION 4. 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 5. This Act takes effect September 1, 2015. |