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A BILL TO BE ENTITLED
|
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AN ACT
|
|
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relating to the powers and duties of the Texas Department of Public |
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Safety, military and law enforcement training, and the |
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investigation, prosecution, punishment, and prevention of certain |
|
offenses; creating an offense and increasing a criminal penalty; |
|
authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The legislature finds that the deployment of |
|
Texas National Guard troops to the border region and the increase in |
|
the number of Texas Department of Public Safety troopers assigned |
|
to the border region have made a significant impact on securing the |
|
border. It is the intention of the legislature to continue to fund |
|
the Texas National Guard's deployment to the border region and to |
|
fund the Texas Department of Public Safety's expansion of its |
|
operations in the border region. The legislature finds that the |
|
deployment of Texas National Guard troops to the border region is |
|
needed until the Texas Department of Public Safety has the |
|
personnel to fully secure the border region without the assistance |
|
of the Texas National Guard troops. |
|
SECTION 2. Article 2.12, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
|
officers: |
|
(1) sheriffs, their deputies, and those reserve |
|
deputies who hold a permanent peace officer license issued under |
|
Chapter 1701, Occupations Code; |
|
(2) constables, deputy constables, and those reserve |
|
deputy constables who hold a permanent peace officer license issued |
|
under Chapter 1701, Occupations Code; |
|
(3) marshals or police officers of an incorporated |
|
city, town, or village, and those reserve municipal police officers |
|
who hold a permanent peace officer license issued under Chapter |
|
1701, Occupations Code; |
|
(4) rangers, [and] officers, and members of the |
|
reserve officer corps commissioned by the Public Safety Commission |
|
and the Director of the Department of Public Safety; |
|
(5) investigators of the district attorneys', criminal |
|
district attorneys', and county attorneys' offices; |
|
(6) law enforcement agents of the Texas Alcoholic |
|
Beverage Commission; |
|
(7) each member of an arson investigating unit |
|
commissioned by a city, a county, or the state; |
|
(8) officers commissioned under Section 37.081, |
|
Education Code, or Subchapter E, Chapter 51, Education Code; |
|
(9) officers commissioned by the General Services |
|
Commission; |
|
(10) law enforcement officers commissioned by the |
|
Parks and Wildlife Commission; |
|
(11) airport police officers commissioned by a city |
|
with a population of more than 1.18 million located primarily in a |
|
county with a population of 2 million or more that operates an |
|
airport that serves commercial air carriers; |
|
(12) airport security personnel commissioned as peace |
|
officers by the governing body of any political subdivision of this |
|
state, other than a city described by Subdivision (11), that |
|
operates an airport that serves commercial air carriers; |
|
(13) municipal park and recreational patrolmen and |
|
security officers; |
|
(14) security officers and investigators commissioned |
|
as peace officers by the comptroller; |
|
(15) officers commissioned by a water control and |
|
improvement district under Section 49.216, Water Code; |
|
(16) officers commissioned by a board of trustees |
|
under Chapter 54, Transportation Code; |
|
(17) investigators commissioned by the Texas Medical |
|
Board; |
|
(18) officers commissioned by: |
|
(A) the board of managers of the Dallas County |
|
Hospital District, the Tarrant County Hospital District, the Bexar |
|
County Hospital District, or the El Paso County Hospital District |
|
under Section 281.057, Health and Safety Code; |
|
(B) the board of directors of the Ector County |
|
Hospital District under Section 1024.117, Special District Local |
|
Laws Code; and |
|
(C) the board of directors of the Midland County |
|
Hospital District of Midland County, Texas, under Section 1061.121, |
|
Special District Local Laws Code; |
|
(19) county park rangers commissioned under |
|
Subchapter E, Chapter 351, Local Government Code; |
|
(20) investigators employed by the Texas Racing |
|
Commission; |
|
(21) officers commissioned under Chapter 554, |
|
Occupations Code; |
|
(22) officers commissioned by the governing body of a |
|
metropolitan rapid transit authority under Section 451.108, |
|
Transportation Code, or by a regional transportation authority |
|
under Section 452.110, Transportation Code; |
|
(23) investigators commissioned by the attorney |
|
general under Section 402.009, Government Code; |
|
(24) security officers and investigators commissioned |
|
as peace officers under Chapter 466, Government Code; |
|
(25) an officer employed by the Department of State |
|
Health Services under Section 431.2471, Health and Safety Code; |
|
(26) officers appointed by an appellate court under |
|
Subchapter F, Chapter 53, Government Code; |
|
(27) officers commissioned by the state fire marshal |
|
under Chapter 417, Government Code; |
|
(28) an investigator commissioned by the commissioner |
|
of insurance under Section 701.104, Insurance Code; |
|
(29) apprehension specialists and inspectors general |
|
commissioned by the Texas Juvenile Justice Department as officers |
|
under Sections 242.102 and 243.052, Human Resources Code; |
|
(30) officers appointed by the inspector general of |
|
the Texas Department of Criminal Justice under Section 493.019, |
|
Government Code; |
|
(31) investigators commissioned by the Texas |
|
Commission on Law Enforcement under Section 1701.160, Occupations |
|
Code; |
|
(32) commission investigators commissioned by the |
|
Texas Private Security Board under Section 1702.061 [1702.061(f)], |
|
Occupations Code; |
|
(33) the fire marshal and any officers, inspectors, or |
|
investigators commissioned by an emergency services district under |
|
Chapter 775, Health and Safety Code; |
|
(34) officers commissioned by the State Board of |
|
Dental Examiners under Section 254.013, Occupations Code, subject |
|
to the limitations imposed by that section; |
|
(35) investigators commissioned by the Texas Juvenile |
|
Justice Department as officers under Section 221.011, Human |
|
Resources Code; and |
|
(36) the fire marshal and any related officers, |
|
inspectors, or investigators commissioned by a county under |
|
Subchapter B, Chapter 352, Local Government Code. |
|
SECTION 3. Section 4, Article 18.20, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Sec. 4. OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED. |
|
A judge of competent jurisdiction may issue an order authorizing |
|
interception of wire, oral, or electronic communications only if |
|
the prosecutor applying for the order shows probable cause to |
|
believe that the interception will provide evidence of the |
|
commission of: |
|
(1) a felony under Section 19.02, 19.03, or 43.26, |
|
Penal Code; |
|
(2) a felony under: |
|
(A) Chapter 481, Health and Safety Code, other |
|
than felony possession of marihuana; |
|
(B) Section 485.032, Health and Safety Code; or |
|
(C) Chapter 483, Health and Safety Code; |
|
(3) an offense under Section 20.03 or 20.04, Penal |
|
Code; |
|
(4) an offense under Chapter 20A, Penal Code; |
|
(5) an offense under Chapter 34, Penal Code, if the |
|
criminal activity giving rise to the proceeds involves the |
|
commission of an offense under Title 5, Penal Code, or an offense |
|
under federal law or the laws of another state containing elements |
|
that are substantially similar to the elements of an offense under |
|
Title 5; |
|
(6) an offense under Section 38.11, Penal Code; [or] |
|
(7) an offense under Section 43.04 or 43.05, Penal |
|
Code; or |
|
(8) an attempt, conspiracy, or solicitation to commit |
|
an offense listed in this section. |
|
SECTION 4. Article 59.01(2), Code of Criminal Procedure, as |
|
amended by Chapters 427 (S.B. 529) and 1357 (S.B. 1451), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(2) "Contraband" means property of any nature, |
|
including real, personal, tangible, or intangible, that is: |
|
(A) used in the commission of: |
|
(i) any first or second degree felony under |
|
the Penal Code; |
|
(ii) any felony under Section 15.031(b), |
|
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, |
|
33A, or 35, Penal Code; |
|
(iii) any felony under The Securities Act |
|
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
|
(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
|
jail felony, if the defendant has been previously convicted three |
|
times of an offense under that chapter; |
|
(B) used or intended to be used in the commission |
|
of: |
|
(i) any felony under Chapter 481, Health |
|
and Safety Code (Texas Controlled Substances Act); |
|
(ii) any felony under Chapter 483, Health |
|
and Safety Code; |
|
(iii) a felony under Chapter 151, Finance |
|
Code; |
|
(iv) any felony under Chapter 34, Penal |
|
Code; |
|
(v) a Class A misdemeanor under Subchapter |
|
B, Chapter 365, Health and Safety Code, if the defendant has been |
|
previously convicted twice of an offense under that subchapter; |
|
(vi) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
|
involves the state Medicaid program; |
|
(vii) a Class B misdemeanor under Chapter |
|
522, Business & Commerce Code; |
|
(viii) a Class A misdemeanor under Section |
|
306.051, Business & Commerce Code; |
|
(ix) any offense under Section 42.10, Penal |
|
Code; |
|
(x) any offense under Section 46.06(a)(1) |
|
or 46.14, Penal Code; |
|
(xi) any offense under Chapter 71, Penal |
|
Code; |
|
(xii) any offense under Section 20.05 or |
|
20.06, Penal Code; or |
|
(xiii) [(xiv)] an offense under Section |
|
326.002, Business & Commerce Code; |
|
(C) the proceeds gained from the commission of a |
|
felony listed in Paragraph (A) or (B) of this subdivision, a |
|
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of |
|
this subdivision, or a crime of violence; |
|
(D) acquired with proceeds gained from the |
|
commission of a felony listed in Paragraph (A) or (B) of this |
|
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
|
or (xi) of this subdivision, or a crime of violence; |
|
(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
|
43.25, Penal Code; or |
|
(F) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 20A.02 or |
|
Chapter 43, Penal Code. |
|
SECTION 5. Section 411.0043, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (a) The |
|
commission shall implement a policy requiring the department to use |
|
appropriate technological solutions to improve the department's |
|
ability to perform its functions. The policy must ensure that the |
|
public is able to interact with the department on the Internet. |
|
(b) The department shall periodically: |
|
(1) review the department's existing information |
|
technology system to determine whether: |
|
(A) the system's security should be upgraded; and |
|
(B) the system provides the department with the |
|
best ability to monitor and investigate criminal activity on the |
|
Internet; and |
|
(2) make any necessary improvements to the |
|
department's information technology system. |
|
SECTION 6. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Section 411.0163 to read as follows: |
|
Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW |
|
ENFORCEMENT EXPERIENCE. Notwithstanding any other provision of |
|
law, the department may, at the time a commissioned officer is |
|
hired, elect to credit up to four years of experience as a peace |
|
officer in the state as years of service for the purpose of |
|
calculating the officer's salary under Schedule C. All officers |
|
are subject to the one-year probationary period under Section |
|
411.007(g) notwithstanding the officer's rank or salary |
|
classification. |
|
SECTION 7. Subchapter A, Chapter 411, Government Code, is |
|
amended by adding Sections 411.0203, 411.0208, and 411.0209 to read |
|
as follows: |
|
Sec. 411.0203. TEXAS TRANSNATIONAL INTELLIGENCE CENTER. |
|
(a) The department by rule shall establish the Texas Transnational |
|
Intelligence Center as a central repository of real-time |
|
information relating to: |
|
(1) autopsies in which the person's death is likely |
|
connected to transnational criminal activity; |
|
(2) criminal activity in the counties along the |
|
Texas-Mexico border and certain other counties; and |
|
(3) other transnational criminal activity in the |
|
state. |
|
(b) The department shall locate the center in a county with |
|
a population of not more than 800,000 that is adjacent to the |
|
Texas-Mexico border. The department may only locate the center in a |
|
county if the sheriff's department in the county and a police |
|
department of a municipality in the county agree to jointly operate |
|
the center. |
|
(c) The sheriff's department of the county in which the |
|
center is located and the police department of the municipality |
|
that agrees to jointly operate the center shall assist in the |
|
establishment of the center. |
|
(d) Each law enforcement agency in a county located along |
|
the Texas-Mexico border or in a county with a federal checkpoint |
|
shall report to the center information regarding criminal activity |
|
in the law enforcement agency's jurisdiction, including |
|
information on kidnappings, home invasions, and incidents of |
|
impersonation of law enforcement officers. The Texas Alcoholic |
|
Beverage Commission and Parks and Wildlife Department shall report |
|
to the center information regarding transnational criminal |
|
activity in each agency's jurisdiction. |
|
(e) The information in the center shall be made available to |
|
each law enforcement agency in the state and the Texas Alcoholic |
|
Beverage Commission and Parks and Wildlife Department. |
|
Sec. 411.0208. RESERVE OFFICER CORPS. (a) The commission |
|
may provide for the establishment of a reserve officer corps |
|
consisting of retired or previously commissioned officers of the |
|
department. |
|
(b) The commission shall establish qualifications and |
|
standards of training for members of the reserve officer corps. |
|
(c) The commission may limit the size of the reserve officer |
|
corps. |
|
(d) The director shall appoint the members of the reserve |
|
officer corps. Members serve at the director's discretion. |
|
(e) The director may call the reserve officer corps into |
|
service at any time the director considers it necessary to have |
|
additional officers to assist the department in conducting |
|
background investigations, sex offender compliance checks, and |
|
other duties as determined necessary by the director. |
|
Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL |
|
BORDER CHECKPOINTS. (a) To prevent the unlawful transfer of |
|
contraband from this state to the United Mexican States and other |
|
unlawful activity, the department shall investigate the |
|
feasibility of providing to federal authorities at international |
|
border checkpoints assistance in the interdiction of weapons, bulk |
|
currency, stolen vehicles, and other contraband, and of fugitives, |
|
being smuggled into the United Mexican States. |
|
(b) The department may share with the federal government the |
|
cost of staffing any international border checkpoints for the |
|
purposes described by this section. |
|
(c) The director shall adopt procedures as necessary to |
|
administer this section. |
|
SECTION 8. Subchapter D, Chapter 411, Government Code, is |
|
amended by adding Section 411.054 to read as follows: |
|
Sec. 411.054. CRIME STATISTICS REPORTING. (a) Each local |
|
law enforcement agency shall: |
|
(1) implement an incident-based reporting system that |
|
meets the reporting requirements of the National Incident-Based |
|
Reporting System of the Uniform Crime Reporting Program of the |
|
Federal Bureau of Investigation; and |
|
(2) use the system described by Subdivision (1) to |
|
submit to the department information and statistics concerning |
|
criminal offenses committed in the jurisdiction of the local law |
|
enforcement agency. |
|
(b) The department shall adopt rules to implement this |
|
section, including rules prescribing: |
|
(1) the form and manner of the submission of |
|
information and statistics; and |
|
(2) the frequency of reporting. |
|
(c) Notwithstanding any other law, a local law enforcement |
|
agency that is not in compliance with this section and that receives |
|
grant funds from the department or the criminal justice division of |
|
the governor's office may only use those funds to come into |
|
compliance with this section. |
|
(d) A local law enforcement agency is not required to comply |
|
with this section before September 1, 2019. |
|
(e) Subsection (d) and this subsection expire September 1, |
|
2019. |
|
SECTION 9. Subchapter D, Chapter 437, Government Code, is |
|
amended by adding Section 437.164 to read as follows: |
|
Sec. 437.164. MULTIUSE TRAINING FACILITY. (a) The Texas |
|
Facilities Commission shall construct a multiuse training facility |
|
to be used by the department, the Texas military forces, the Texas |
|
Department of Public Safety, county and municipal law enforcement |
|
agencies, and any other military or law enforcement agency, |
|
including agencies of the federal government, for training |
|
purposes. |
|
(b) The Texas Facilities Commission, with the assistance of |
|
the department and the Texas Department of Public Safety, shall |
|
locate and acquire real property for the purpose of constructing |
|
the training facility. |
|
(c) The department and the Texas Department of Public Safety |
|
shall, with the assistance of the Texas Facilities Commission, |
|
design the training facility. |
|
(d) On completion of the construction of the training |
|
facility, the Texas Facilities Commission shall transfer ownership |
|
of the training facility, including the real property and |
|
buildings, to the department. |
|
(e) The department shall apply for federal money to |
|
reimburse the state for the cost of constructing the training |
|
facility. |
|
(f) The department shall manage the training facility and |
|
may adopt rules necessary to implement this section. The |
|
department shall make the training facility available for use by |
|
the department, the Texas military forces, the Texas Department of |
|
Public Safety, county and municipal law enforcement agencies, and |
|
any other military or law enforcement agency, including agencies of |
|
the federal government. The department may set and collect fees for |
|
the use of the training facility. |
|
SECTION 10. Section 772.007, Government Code, is reenacted |
|
to read as follows: |
|
Sec. 772.007. TEXAS ANTI-GANG GRANT PROGRAM. (a) The |
|
criminal justice division established under Section 772.006 shall |
|
administer a competitive grant program to support regional, |
|
multidisciplinary approaches to combat gang violence through the |
|
coordination of gang prevention, intervention, and suppression |
|
activities. |
|
(b) The grant program administered under this section must |
|
be directed toward regions of this state that have demonstrably |
|
high levels of gang violence. |
|
(c) The criminal justice division shall award grants to |
|
qualified applicants, as determined by the division, that |
|
demonstrate a comprehensive approach that balances gang |
|
prevention, intervention, and suppression activities to reduce |
|
gang violence. |
|
(d) The criminal justice division shall include in the |
|
biennial report required by Section 772.006(a)(9) detailed |
|
reporting of the results and performance of the grant program |
|
administered under this section. |
|
(e) The criminal justice division may use any revenue |
|
available for purposes of this section. |
|
SECTION 11. Section 20.05, Penal Code, is amended to read as |
|
follows: |
|
Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an |
|
offense if the person, with the intent to obtain a pecuniary |
|
benefit, knowingly: |
|
(1) [intentionally] uses a motor vehicle, aircraft, |
|
[or] watercraft, or other means of conveyance to transport an |
|
individual with the intent to: |
|
(A) [(1)] conceal the individual from a peace |
|
officer or special investigator; or |
|
(B) [(2)] flee from a person the actor knows is a |
|
peace officer or special investigator attempting to lawfully arrest |
|
or detain the actor; or |
|
(2) encourages or induces a person to enter or remain |
|
in this country in violation of federal law by concealing, |
|
harboring, or shielding that person from detection. |
|
(b) An [Except as provided by Subsection (c), an] offense |
|
under this section is [a state jail felony.
|
|
[(c) An offense under this section is] a felony of the third |
|
degree, except that [if the actor commits] the offense is: |
|
(1) a felony of the second degree if: |
|
(A) the actor commits the offense [for pecuniary
|
|
benefit; or
|
|
[(2)] in a manner that creates a substantial |
|
likelihood that the smuggled [transported] individual will suffer |
|
serious bodily injury or death; or |
|
(B) the smuggled individual is a child younger |
|
than 18 years of age at the time of the offense; or |
|
(2) a felony of the first degree if: |
|
(A) it is shown on the trial of the offense that, |
|
as a direct result of the commission of the offense, the smuggled |
|
individual became a victim of sexual assault, as defined by Section |
|
22.011, or aggravated sexual assault, as defined by Section 22.021; |
|
or |
|
(B) the smuggled individual suffered serious |
|
bodily injury or death. |
|
(c) [(d)] It is an affirmative defense to prosecution of an |
|
offense under this section, other than an offense punishable under |
|
Subsection (b)(1)(A) or (b)(2), that the actor is related to the |
|
smuggled [transported] individual within the second degree of |
|
consanguinity or, at the time of the offense, within the second |
|
degree of affinity. |
|
(d) [(e)] If conduct constituting an offense under this |
|
section also constitutes an offense under another section of this |
|
code, the actor may be prosecuted under either section or under both |
|
sections. |
|
SECTION 12. Chapter 20, Penal Code, is amended by adding |
|
Section 20.06 to read as follows: |
|
Sec. 20.06. CONTINUOUS SMUGGLING OF PERSONS. (a) A person |
|
commits an offense if, during a period that is 30 or more days in |
|
duration, the person engages two or more times in conduct that |
|
constitutes an offense under Section 20.05. |
|
(b) If a jury is the trier of fact, members of the jury are |
|
not required to agree unanimously on which specific conduct engaged |
|
in by the defendant constituted an offense under Section 20.05 or on |
|
which exact date the defendant engaged in that conduct. The jury |
|
must agree unanimously that the defendant, during a period that is |
|
30 or more days in duration, engaged two or more times in conduct |
|
that constitutes an offense under Section 20.05. |
|
(c) If the victim of an offense under Subsection (a) is the |
|
same victim as a victim of an offense under Section 20.05, a |
|
defendant may not be convicted of the offense under Section 20.05 in |
|
the same criminal action as the offense under Subsection (a), |
|
unless the offense under Section 20.05: |
|
(1) is charged in the alternative; |
|
(2) occurred outside the period in which the offense |
|
alleged under Subsection (a) was committed; or |
|
(3) is considered by the trier of fact to be a lesser |
|
included offense of the offense alleged under Subsection (a). |
|
(d) A defendant may not be charged with more than one count |
|
under Subsection (a) if all of the conduct that constitutes an |
|
offense under Section 20.05 is alleged to have been committed |
|
against the same victim. |
|
(e) Except as provided by Subsections (f) and (g), an |
|
offense under this section is a felony of the second degree. |
|
(f) An offense under this section is a felony of the first |
|
degree if: |
|
(1) the conduct constituting an offense under Section |
|
20.05 is conducted in a manner that creates a substantial |
|
likelihood that the smuggled individual will suffer serious bodily |
|
injury or death; or |
|
(2) the smuggled individual is a child younger than 18 |
|
years of age at the time of the offense. |
|
(g) An offense under this section is a felony of the first |
|
degree, punishable by imprisonment in the Texas Department of |
|
Criminal Justice for life or for any term of not more than 99 years |
|
or less than 25 years, if: |
|
(1) it is shown on the trial of the offense that, as a |
|
direct result of the commission of the offense, the smuggled |
|
individual became a victim of sexual assault, as defined by Section |
|
22.011, or aggravated sexual assault, as defined by Section 22.021; |
|
or |
|
(2) the smuggled individual suffered serious bodily |
|
injury or death. |
|
SECTION 13. Sections 71.02(a) and (b), Penal Code, are |
|
amended to read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or children, |
|
solicitation of a minor, forgery, deadly conduct, assault |
|
punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
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unauthorized use of a motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(5-a) causing the unlawful delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug in |
|
violation of Subtitle B, Title 3, Occupations Code; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34, 35, or 35A; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; |
|
(13) any offense under Section 37.10; |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11; |
|
(15) any offense under Section 42.10; |
|
(16) any offense under Section 46.06(a)(1) or 46.14; |
|
(17) any offense under Section 20.05 or 20.06; or |
|
(18) any offense classified as a felony under the Tax |
|
Code. |
|
(b) Except as provided in Subsections (c) and (d), an |
|
offense under this section is one category higher than the most |
|
serious offense listed in Subsection (a) that was committed, and if |
|
the most serious offense is a Class A misdemeanor, the offense is a |
|
state jail felony, except that the offense is a felony of the first |
|
degree punishable by imprisonment in the Texas Department of |
|
Criminal Justice for: |
|
(1) life without parole, if the most serious offense |
|
is an aggravated sexual assault and if at the time of that offense |
|
the defendant is 18 years of age or older and: |
|
(A) the victim of the offense is younger than six |
|
years of age; |
|
(B) the victim of the offense is younger than 14 |
|
years of age and the actor commits the offense in a manner described |
|
by Section 22.021(a)(2)(A); or |
|
(C) the victim of the offense is younger than 17 |
|
years of age and suffered serious bodily injury as a result of the |
|
offense; [or] |
|
(2) life or for any term of not more than 99 years or |
|
less than 30 years if the most serious offense is an offense under |
|
Section 20.06 that is punishable under Subsection (g) of that |
|
section; or |
|
(3) life or for any term of not more than 99 years or |
|
less than 15 years if the most serious offense is an offense |
|
punishable as a felony of the first degree, other than an offense |
|
described by Subdivision (1) or (2). |
|
SECTION 14. The change in law made by this Act to Section 4, |
|
Article 18.20, Code of Criminal Procedure, applies only to an |
|
application for an interception order filed on or after the |
|
effective date of this Act. An application for an interception |
|
order filed before the effective date of this Act is governed by the |
|
law in effect on the date the application was filed, and the former |
|
law is continued in effect for that purpose. |
|
SECTION 15. The Department of Public Safety shall adopt |
|
rules required under Section 411.054(b), Government Code, as added |
|
by this Act, not later than December 31, 2015. |
|
SECTION 16. The changes in law made by this Act to Sections |
|
20.05 and 71.02, Penal Code, apply 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. To the extent of any conflict, this Act prevails |
|
over another Act of the 84th Legislature, Regular Session, 2015, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 18. This Act takes effect September 1, 2015. |
|
|
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* * * * * |