80(R) HB 8 - Enrolled version (original) (raw)

AN ACT

relating to the prosecution, punishment, and supervision of certain

sex offenders and to certain crimes involving sex offenders.

��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. �CREATION, PROSECUTION, AND PUNISHMENT OF OFFENSES

��SECTION�1.01.��This Act shall be known as the Jessica

Lunsford Act.

��SECTION�1.02.��Chapter 2, Code of Criminal Procedure, is

amended by adding Article 2.021 to read as follows:

��Art.�2.021.��DUTIES OF ATTORNEY GENERAL. The attorney

general may offer to a county or district attorney the assistance of

the attorney general's office in the prosecution of an offense

described by Article 60.051(g) the victim of which is younger than

17 years of age at the time the offense is committed. �On request of

a county or district attorney, the attorney general shall assist in

the prosecution of an offense described by Article 60.051(g) the

victim of which is younger than 17 years of age at the time the

offense is committed. �For purposes of this article, assistance

includes investigative, technical, and litigation assistance of

the attorney general's office.

��SECTION�1.03.��Article 12.01, Code of Criminal Procedure, is

amended to read as follows:

��Art.�12.01.��FELONIES. �Except as provided in Article 12.03,

felony indictments may be presented within these limits, and not

afterward:

��(1)��no limitation:

��(A)��murder and manslaughter;

��(B)��sexual assault under Section 22.011(a)(2),

Penal Code, or aggravated sexual assault under Section

22.021(a)(1)(B), Penal Code;

��(C)��sexual assault, if during the investigation

of the offense biological matter is collected and subjected to

forensic DNA testing and the testing results show that the matter

does not match the victim or any other person whose identity is

readily ascertained;

��(D)��continuous sexual abuse of young child or

children under Section 21.02, Penal Code;

��(E)��indecency with a child under Section 21.11,

Penal Code; or

��(F)�[~~(C)~~]��an offense involving leaving the scene

of an accident under Section 550.021, Transportation Code, if the

accident resulted in the death of a person;

��(2)��ten years from the date of the commission of the

offense:

��(A)��theft of any estate, real, personal or mixed,

by an executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

��(B)��theft by a public servant of government

property over which he exercises control in his official capacity;

��(C)��forgery or the uttering, using or passing of

forged instruments;

��(D)��injury to a child, elderly individual, or

disabled individual punishable as a felony of the first degree

under Section 22.04, Penal Code;

��(E)��sexual assault, except as provided by

Subdivision (1) or (5); or

��(F)��arson;

��(3)��seven years from the date of the commission of the

offense:

��(A)��misapplication of fiduciary property or

property of a financial institution;

��(B)��securing execution of document by deception;

��(C)��a violation under Sections 162.403(22)-(39),

Tax Code;

��(4)��five years from the date of the commission of the

offense:

��(A)��theft or[~~, burglary,~~] robbery;

��(B)��except as provided by Subdivision (5),�

kidnapping or burglary;

��(C)��injury to a child, elderly individual, or

disabled individual that is not punishable as a felony of the first

degree under Section 22.04, Penal Code;

��(D)��abandoning or endangering a child; or

��(E)��insurance fraud;

��(5)��if the investigation of the offense shows that the

victim is younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one of

the following offenses:

��(A)��sexual performance by a child under Section

43.25, Penal Code;

��(B)��aggravated kidnapping under Section

20.04(a)(4), Penal Code, if the defendant committed the offense

with the intent to violate or abuse the victim sexually; or

��(C)��burglary under Section 30.02, Penal Code, if

the offense is punishable under Subsection (d) of that section and

the defendant committed the offense with the intent to commit an

offense described by Subdivision (1)(B) or (D) of this article or

Paragraph (B) of this subdivision�[~~ten years from the 18th birthday~~

~~of the victim of the offense:~~

��[~~(A)~~��~~indecency with a child under Section~~

~~21.11(a)(1) or (2), Penal Code; or~~

��[~~(B)~~��~~except as provided by Subdivision (1),~~

~~sexual assault under Section 22.011(a)(2), Penal Code, or~~

~~aggravated sexual assault under Section 22.021(a)(1)(B), Penal~~

~~Code~~]; or

��(6)��three years from the date of the commission of the

offense: �all other felonies.

��SECTION�1.04.��Chapter 37, Code of Criminal Procedure, is

amended by adding Article 37.072 to read as follows:

��Art.�37.072.��PROCEDURE IN REPEAT SEX OFFENDER CAPITAL CASE

��Sec.�1.��If a defendant is found guilty in a capital felony

case punishable under Section 12.42(c)(3), Penal Code, in which the

state does not seek the death penalty, the judge shall sentence the

defendant to life imprisonment without parole.

��Sec.�2.��(a)(1) �If a defendant is tried for an offense

punishable under Section 12.42(c)(3), Penal Code, in which the

state seeks the death penalty, on a finding that the defendant is

guilty of a capital offense, the court shall conduct a separate

sentencing proceeding to determine whether the defendant shall be

sentenced to death or life imprisonment without parole. The

proceeding shall be conducted in the trial court and, except as

provided by Article 44.29(d) of this code, before the trial jury as

soon as practicable. In the proceeding, evidence may be presented

by the state and the defendant or the defendant's counsel as to any

matter that the court considers relevant to sentence, including

evidence of the defendant's background or character or the

circumstances of the offense that mitigates against the imposition

of the death penalty. This subdivision may not be construed to

authorize the introduction of any evidence secured in violation of

the Constitution of the United States or of the State of Texas. The

state and the defendant or the defendant's counsel shall be

permitted to present argument for or against sentence of death. The

introduction of evidence of extraneous conduct is governed by the

notice requirements of Section 3(g), Article 37.07. The court, the

attorney representing the state, the defendant, or the defendant's

counsel may not inform a juror or a prospective juror of the effect

of a failure of a jury to agree on issues submitted under Subsection

(b) or (e).

��(2)��Notwithstanding Subdivision (1), evidence may not

be offered by the state to establish that the race or ethnicity of

the defendant makes it likely that the defendant will engage in

future criminal conduct.

��(b)��On conclusion of the presentation of the evidence, the

court shall submit the following issues to the jury:

��(1)��whether there is a probability that the defendant

would commit criminal acts of violence that would constitute a

continuing threat to society; and

��(2)��in cases in which the jury charge at the guilt or

innocence stage permitted the jury to find the defendant guilty as a

party under Sections 7.01 and 7.02, Penal Code, whether the

defendant actually engaged in the conduct prohibited by Section

22.021, Penal Code, or did not actually engage in the conduct

prohibited by Section 22.021, Penal Code, but intended that the

offense be committed against the victim or another intended victim.

��(c)��The state must prove beyond a reasonable doubt each

issue submitted under Subsection (b) of this section, and the jury

shall return a special verdict of "yes" or "no" on each issue

submitted under Subsection (b) of this section.

��(d)��The court shall charge the jury that:

��(1)��in deliberating on the issues submitted under

Subsection (b) of this section, it shall consider all evidence

admitted at the guilt or innocence stage and the punishment stage,

including evidence of the defendant's background or character or

the circumstances of the offense that militates for or mitigates

against the imposition of the death penalty;

��(2)��it may not answer any issue submitted under

Subsection (b) of this section "yes" unless it agrees unanimously

and it may not answer any issue "no" unless 10 or more jurors agree;

and

��(3)��members of the jury need not agree on what

particular evidence supports a negative answer to any issue

submitted under Subsection (b) of this section.

��(e)(1)��The court shall instruct the jury that if the jury

returns an affirmative finding to each issue submitted under

Subsection (b), it shall answer the following issue:

��Whether, taking into consideration all of the evidence,

including the circumstances of the offense, the defendant's

character and background, and the personal moral culpability of the

defendant, there is a sufficient mitigating circumstance or

circumstances to warrant that a sentence of life imprisonment

without parole rather than a death sentence be imposed.

��(2)��The court shall:

��(A)��instruct the jury that if the jury answers

that a circumstance or circumstances warrant that a sentence of

life imprisonment without parole rather than a death sentence be

imposed, the court will sentence the defendant to imprisonment in

the Texas Department of Criminal Justice for life without parole;

and

��(B)��charge the jury that a defendant sentenced to

confinement for life without parole under this article is

ineligible for release from the department on parole.

��(f)��The court shall charge the jury that in answering the

issue submitted under Subsection (e) of this section, the jury:

��(1)��shall answer the issue "yes" or "no";

��(2)��may not answer the issue "no" unless it agrees

unanimously and may not answer the issue "yes" unless 10 or more

jurors agree;

��(3)��need not agree on what particular evidence

supports an affirmative finding on the issue; and

��(4)��shall consider mitigating evidence to be evidence

that a juror might regard as reducing the defendant's moral

blameworthiness.

��(g)��If the jury returns an affirmative finding on each issue

submitted under Subsection (b) and a negative finding on an issue

submitted under Subsection (e)(1), the court shall sentence the

defendant to death. If the jury returns a negative finding on any

issue submitted under Subsection (b) or an affirmative finding on

an issue submitted under Subsection (e)(1) or is unable to answer

any issue submitted under Subsection (b) or (e), the court shall

sentence the defendant to imprisonment in the Texas Department of

Criminal Justice for life without parole.

��(h)��The judgment of conviction and sentence of death shall

be subject to automatic review by the Court of Criminal Appeals.

��SECTION�1.05.��Section 3g(a), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

��(a)��The provisions of Section 3 of this article do not

apply:

��(1)��to a defendant adjudged guilty of an offense

under:

��(A)��Section 19.02, Penal Code (Murder);

��(B)��Section 19.03, Penal Code (Capital murder);

��(C)��Section 21.11(a)(1), Penal Code (Indecency

with a child);

��(D)��Section 20.04, Penal Code (Aggravated

kidnapping);

��(E)��Section 22.021, Penal Code (Aggravated

sexual assault);

��(F)��Section 29.03, Penal Code (Aggravated

robbery);

��(G)��Chapter 481, Health and Safety Code, for

which punishment is increased under:

��(i)��Section 481.140, Health and Safety

Code; or

��(ii)��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]

��(H)��Section 22.011, Penal Code (Sexual assault);

��(I)��Section 43.25, Penal Code (Sexual

performance by a child); or

��(2)��to a defendant when it is shown that a deadly

weapon as defined in Section 1.07, Penal Code, was used or exhibited

during the commission of a felony offense or during immediate

flight therefrom, and that the defendant used or exhibited the

deadly weapon or was a party to the offense and knew that a deadly

weapon would be used or exhibited. On an affirmative finding under

this subdivision, the trial court shall enter the finding in the

judgment of the court. On an affirmative finding that the deadly

weapon was a firearm, the court shall enter that finding in its

judgment.

��SECTION�1.06.��Section 4(d), Article 42.12, Code of Criminal

Procedure, is amended to read as follows:

��(d)��A defendant is not eligible for community supervision

under this section 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 Section 15(a);

��(3)��does not file a sworn motion under Subsection (e)

of this section or for whom the jury does not enter in the verdict a

finding that the information contained in the motion is true; [or]

��(4)��is convicted [~~adjudged guilty~~] 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 one of those subsections;

��(5)��is convicted of an offense listed in Section

3g(a)(1)(C), (E), or (H), if the victim of the offense was younger

than 14 years of age at the time the offense was committed;

��(6)��is convicted of an offense listed in Section

3g(a)(1)(D), if the victim of the offense was younger than 14 years

of age at the time the offense was committed and the actor committed

the offense with the intent to violate or abuse the victim sexually;

��(7)��is convicted of an offense listed in Section

3g(a)(1)(I).

��SECTION�1.07.��Section 5(d), Article 42.12, Code of Criminal

Procedure, is amended to read as follows:

��(d)��In all other cases the judge may grant deferred

adjudication unless:

��(1)��the defendant is charged with an offense:

��(A)��under Section 49.04, 49.05, 49.06, 49.07, or

49.08, Penal Code; or

��(B)��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]

��(2)��the defendant:

��(A)��is charged with an offense under Section

21.11, 22.011, or 22.021, Penal Code, regardless of the age of the

victim, or a felony described by Section 13B(b) of this article; and

��(B)��has previously been placed on community

supervision for any offense under Paragraph (A) of this

subdivision; or

��(3)��the defendant is charged with an offense under:

��(A)��Section 21.02, Penal Code; or

��(B)��Section 22.021, Penal Code, that is

punishable under Subsection (f) of that section or under Section

12.42(c)(3), Penal Code.

��SECTION�1.08.��Article 60.051, Code of Criminal Procedure,

is amended by adding Subsection (g) to read as follows:

��(g)��In addition to the information described by Subsections

(a)-(f), information in the computerized criminal history system

must include the age of the victim of the offense if the defendant

was arrested for or charged with an offense under:

��(1)��Section 21.02 (Continuous sexual abuse of young

child or children), Penal Code;

��(2)��Section 21.11 (Indecency with a child), Penal

Code;

��(3)��Section 22.011 (Sexual assault) or 22.021

(Aggravated sexual assault), Penal Code;

��(4)��Section 43.25 (Sexual performance by a child),

Penal Code;

��(5)��Section 20.04(a)(4) (Aggravated kidnapping),

Penal Code, if the defendant committed the offense with intent to

violate or abuse the victim sexually; or

��(6)��Section 30.02 (Burglary), Penal Code, if the

offense is punishable under Subsection (d) of that section and the

defendant committed the offense with intent to commit an offense

described by Subdivision (2), (3), or (5).

��SECTION�1.09.��Subchapter C, Chapter 499, Government Code,

is amended by adding Section 499.054 to read as follows:

��Sec.�499.054.��SEX OFFENDER TREATMENT PROGRAM. (a) �In this

section, "sex offender treatment program" means a comprehensive

treatment program that:

��(1)��psychologically evaluates inmates who are serving

a sentence for an offense described by Section 12.42(c)(2), Penal

Code;

��(2)��addresses the motivation and psychosocial

education of inmates described by Subdivision (1); and

��(3)��provides relapse prevention training for inmates

described by Subdivision (1), including interruption of cognitive

and behavioral patterns that have led the inmate to commit criminal

offenses.

��(b)��The department shall establish a sex offender treatment

program to treat inmates who are serving sentences for offenses

punishable under Section 21.02(h) or 22.021(f), Penal Code. The

department shall require an inmate described by this subsection to

participate in and complete the sex offender treatment program

before being released from the department.

��(c)��The department may establish a sex offender treatment

program to treat inmates other than those inmates described by

Subsection (b).

��SECTION�1.10.��Sections 508.145(a) and (d), Government Code,

are amended to read as follows:

��(a)��An inmate under sentence of death, [or] serving a

sentence of life imprisonment without parole, serving a sentence

for an offense under Section 21.02, Penal Code, or serving a

sentence for an offense under Section 22.021, Penal Code, that is

punishable under Subsection (f) of that section is not eligible for

release on parole.

��(d)��An inmate serving a sentence for an offense described by

Section 3g(a)(1)(A), (C), (D), (E), (F), (G), [or] (H), or (I),�

Article 42.12, Code of Criminal Procedure, or for an offense for

which the judgment contains an affirmative finding under Section

3g(a)(2) of that article, 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 two calendar

years.

��SECTION�1.11.��Section 508.149(a), Government Code, is

amended to read as follows:

��(a)��An inmate may not be released to mandatory supervision

if the inmate is serving a sentence for or has been previously

convicted of:

��(1)��an offense for which the judgment contains an

affirmative finding under Section 3g(a)(2), Article 42.12, Code of

Criminal Procedure;

��(2)��a first degree felony or a second degree felony

under Section 19.02, Penal Code;

��(3)��a capital felony under Section 19.03, Penal Code;

��(4)��a first degree felony or a second degree felony

under Section 20.04, Penal Code;

��(5)��an offense [~~a second degree felony or a third~~

~~degree felony~~] under Section 21.11, Penal Code;

��(6)��a [~~second degree~~] felony under Section 22.011,

Penal Code;

��(7)��a first degree felony or a second degree felony

under Section 22.02, Penal Code;

��(8)��a first degree felony under Section 22.021, Penal

Code;

��(9)��a first degree felony under Section 22.04, Penal

Code;

��(10)��a first degree felony under Section 28.02, Penal

Code;

��(11)��a second degree felony under Section 29.02, Penal

Code;

��(12)��a first degree felony under Section 29.03, Penal

Code;

��(13)��a first degree felony under Section 30.02, Penal

Code; [or]

��(14)��a felony for which the punishment is increased

under Section 481.134 or Section 481.140, Health and Safety Code;

��(15)��an offense under Section 43.25, Penal Code; or

��(16)��an offense under Section 21.02, Penal Code.

��SECTION�1.12.��Section 841.082, Health and Safety Code, is

amended by adding Subsection (b) to read as follows:

��(b)��A tracking service to which a person is required to

submit under Subsection (a)(5) must:

��(1)��track the person's location in real time;

��(2)��be able to provide a real-time report of the

person's location to the case manager at the case manager's request;

and

��(3)��periodically provide a cumulative report of the

person's location to the case manager.

��SECTION�1.13.��Subchapter E, Chapter 841, Health and Safety

Code, is amended by adding Section 841.084 to read as follows:

��Sec.�841.084.��COST OF TRACKING SERVICE. Notwithstanding

Section 841.146(c), a civilly committed person who is not indigent

is responsible for the cost of the tracking service required by

Section 841.082 and monthly shall pay to the council the amount that

the council determines will be necessary to defray the cost of

operating the service with respect to the person during the

subsequent month. �The council immediately shall transfer the money

to the appropriate service provider.

��SECTION�1.14.��Section 12.42(b), Penal Code, is amended to

read as follows:

��(b)��Except as provided by Subsection (c)(2), if [If] it is

shown on the trial of a second-degree felony that the defendant has

been once before convicted of a felony, on conviction he shall be

punished for a first-degree felony.

��SECTION�1.15.��Section 12.42(c), Penal Code, is amended to

read as follows:

��(c)(1)��If [~~Except as provided by Subdivision (2), if~~] it is

shown on the trial of a first-degree felony that the defendant has

been once before convicted of a felony, on conviction he shall be

punished by imprisonment in the [~~institutional division of the~~]

Texas Department of Criminal Justice for life, or for any term of

not more than 99 years or less than 15 years. In addition to

imprisonment, an individual may be punished by a fine not to exceed

$10,000.

��(2)��Notwithstanding Subdivision (1), a [A] defendant

shall be punished by imprisonment in the Texas Department of

Criminal Justice [~~institutional division~~] for life if:

��(A)��the defendant is convicted of an offense:

��(i)��under Section 21.11(a)(1),�22.021, or

22.011, Penal Code;

��(ii)��under Section 20.04(a)(4), Penal Code,

if the defendant committed the offense with the intent to violate or

abuse the victim sexually; or

��(iii)��under 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 described

by Subparagraph (i) or (ii) or a felony under Section 21.11 [or

~~22.011~~], Penal Code; and

��(B)��the defendant has been previously convicted

of an offense:

��(i)��under Section 43.25 or 43.26, Penal

Code, or an offense under Section 43.23, Penal Code, punishable

under Subsection (h) of that section;

��(ii)��under Section 21.02, 21.11, 22.011,

22.021, or 25.02, Penal Code;

��(iii)��under Section 20.04(a)(4), Penal

Code, if the defendant committed the offense with the intent to

violate or abuse the victim sexually;

��(iv)��under 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 described

by Subparagraph (ii) or (iii); or

��(v)��under the laws of another state

containing elements that are substantially similar to the elements

of an offense listed in Subparagraph (i), (ii), (iii), or (iv).

��(3)��Notwithstanding Subdivision (1) or (2), a

defendant shall be punished for a capital felony if it is shown on

the trial of an offense under Section 22.021 otherwise punishable

under Subsection (f) of that section that the defendant has

previously been finally convicted of:

��(A)��an offense under Section 22.021 that was

committed against a victim described by Section 22.021(f)(1) or was

committed against a victim described by Section 22.021(f)(2) and in

a manner described by Section 22.021(a)(2)(A); or

��(B)��an offense that was committed under the laws

of another state that:

��(i)��contains elements that are

substantially similar to the elements of an offense under Section

22.021; and

��(ii)��was committed against a victim

described by Section 22.021(f)(1) or was committed against a victim

described by Section 22.021(f)(2) and in a manner substantially

similar to a manner described by Section 22.021(a)(2)(A).

��(4)��Notwithstanding Subdivision (1) or (2), a

defendant shall be punished by imprisonment in the Texas Department

of Criminal Justice for life without parole if it is shown on the

trial of an offense under Section 21.02 that the defendant has

previously been finally convicted of:

��(A)��an offense under Section 21.02; or

��(B)��an offense that was committed under the laws

of another state and that contains elements that are substantially

similar to the elements of an offense under Section 21.02.

��SECTION�1.16.��Section 12.42(d), Penal Code, is amended to

read as follows:

��(d)��Except as provided by Subsection (c)(2), if [If] it is

shown on the trial of a felony offense other than a state jail

felony punishable under Section 12.35(a) that the defendant has

previously been finally convicted of two felony offenses, and the

second previous felony conviction is for an offense that occurred

subsequent to the first previous conviction having become final, on

conviction he shall be punished by imprisonment in the

institutional division of the Texas Department of Criminal Justice

for life, or for any term of not more than 99 years or less than 25

years.

��SECTION�1.17.��Chapter 21, Penal Code, is amended by adding

Section 21.02 to read as follows:

��Sec.�21.02.��CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR

CHILDREN. (a) �In this section, "child"�has the meaning assigned by

Section 22.011(c).

��(b)��A person commits an offense if:

��(1)��during a period that is 30 or more days in

duration, the person commits two or more acts of sexual abuse,

regardless of whether the acts of sexual abuse are committed

against one or more victims; and

��(2)��at the time of the commission of each of the acts

of sexual abuse, the actor is 17 years of age or older and the victim

is a child younger than 14 years of age.

��(c)��For purposes of this section, "act of sexual abuse"�

means any act that is a violation of one or more of the following

penal laws:

��(1)��aggravated kidnapping under Section 20.04(a)(4),

if the actor committed the offense with the intent to violate or

abuse the victim sexually;

��(2)��indecency with a child under Section 21.11(a)(1),

if the actor committed the offense in a manner other than by

touching, including touching through clothing, the breast of a

child;

��(3)��sexual assault under Section 22.011;

��(4)��aggravated sexual assault under Section 22.021;

��(5)��burglary under Section 30.02, if the offense is

punishable under Subsection (d) of that section and the actor

committed the offense with the intent to commit an offense listed in

Subdivisions (1)-(4); and

��(6)��sexual performance by a child under Section 43.25.

��(d)��If a jury is the trier of fact, members of the jury are

not required to agree unanimously on which specific acts of sexual

abuse were committed by the defendant or the exact date when those

acts were committed. �The jury must agree unanimously that the

defendant, during a period that is 30 or more days in duration,

committed two or more acts of sexual abuse.

��(e)��A defendant may not be convicted in the same criminal

action of an offense listed under Subsection (c) the victim of which

is the same victim as a victim of the offense alleged under

Subsection (b) unless the offense listed in Subsection (c):

��(1)��is charged in the alternative;

��(2)��occurred outside the period in which the offense

alleged under Subsection (b) was committed; or

��(3)��is considered by the trier of fact to be a lesser

included offense of the offense alleged under Subsection (b).

��(f)��A defendant may not be charged with more than one count

under Subsection (b) if all of the specific acts of sexual abuse

that are alleged to have been committed are alleged to have been

committed against a single victim.

��(g)��It is an affirmative defense to prosecution under this

section that the actor:

��(1)��was not more than five years older than:

��(A)��the victim of the offense, if the offense is

alleged to have been committed against only one victim; or

��(B)��the youngest victim of the offense, if the

offense is alleged to have been committed against more than one

victim;

��(2)��did not use duress, force, or a threat against a

victim at the time of the commission of any of the acts of sexual

abuse alleged as an element of the offense; and

��(3)��at the time of the commission of any of the acts of

sexual abuse alleged as an element of the offense:

��(A)��was not required under Chapter 62, Code of

Criminal Procedure, to register for life as a sex offender; or

��(B)��was not a person who under Chapter 62 had a

reportable conviction or adjudication for an offense under this

section or an act of sexual abuse as described by Subsection (c).

��(h)��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.

��SECTION�1.18.��Section 22.021, Penal Code, is amended by

adding Subsection (f) to read as follows:

��(f)��The minimum term of imprisonment for an offense under

this section is increased to 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�1.19.��Section 38.05, Penal Code, is amended by

amending Subsection (c) and adding Subsection (d) to read as

follows:

��(c)��Except as provided by Subsection (d), an [An] offense

under this section is a Class A misdemeanor.

��(d)��An [~~, except that the~~] offense under this section is a

felony of the third degree if the person who is harbored, concealed,

provided with a means of avoiding arrest or effecting escape, or

warned of discovery or apprehension is under arrest for, charged

with, or convicted of a felony, including an offense under Section

62.102, Code of Criminal Procedure,�or is in custody or detention

for, is alleged in a petition to have engaged in, or has been

adjudicated as having engaged in delinquent conduct that violates a

penal law of the grade of felony, including an offense under Section

62.102, Code of Criminal Procedure,�and the person charged under

this section knew that the person they harbored, concealed,

provided with a means of avoiding arrest or effecting escape, or

warned of discovery or apprehension is under arrest for, charged

with, or convicted of a felony, or is in custody or detention for,

is alleged in a petition to have engaged in, or has been adjudicated

as having engaged in delinquent conduct that violates a penal law of

the grade of felony.

��SECTION�1.20.��Sections 43.25(c) and (e), Penal Code, are

amended to read as follows:

��(c)��An offense under Subsection (b) is a felony of the

second degree, except that the offense is a felony of the first

degree if the victim is younger than 14 years of age at the time the

offense is committed.

��(e)��An offense under Subsection (d) is a felony of the third

degree, except that the offense is a felony of the second degree if

the victim is younger than 14 years of age at the time the offense is

committed.

ARTICLE 2. PRIORITIZATION OF CASES INVOLVING THE PROSECUTION OF

CERTAIN OFFENSES

��SECTION�2.01.��Section 23.101(a), Government Code, is

amended to read as follows:

��(a)��The trial courts of this state shall regularly and

frequently set hearings and trials of pending matters, giving

preference to hearings and trials of the following:

��(1)��temporary injunctions;

��(2)��criminal actions, with the following actions given

preference over other criminal actions:

��(A)��criminal actions against defendants who are

detained in jail pending trial;

��(B)��criminal actions involving a charge that a

person committed an act of family violence, as defined by Section

71.004, Family Code; [~~and~~]

��(C)��an offense under:

��(i)��Section 21.02 or 21.11, Penal Code;

��(ii)��Chapter 22, Penal Code, if the victim

of the alleged offense is younger than 17 years of age;

��(iii)��Section 25.02, Penal Code, if the

victim of the alleged offense is younger than 17 years of age; [or]

��(iv)��Section 25.06, Penal Code; or

��(v)��Section 43.25, Penal Code; and

��(D)��an offense described by Article 62.001(6)(C)

or (D), Code of Criminal Procedure;

��(3)��election contests and suits under the Election

Code;

��(4)��orders for the protection of the family under

Subtitle B, Title 4, Family Code;

��(5)��appeals of final rulings and decisions of the

division of workers' compensation of the Texas Department of

Insurance regarding workers' compensation claims and claims under

the Federal Employers' Liability Act and the Jones Act;

��(6)��appeals of final orders of the commissioner of the

General Land Office under Section 51.3021, Natural Resources Code;

and

��(7)��actions in which the claimant has been diagnosed

with malignant mesothelioma, other malignant asbestos-related

cancer, malignant silica-related cancer, or acute silicosis.

ARTICLE 3. �CONFORMING AMENDMENTS

��SECTION�3.01.��Section 16.0045(a), Civil Practice and

Remedies Code, is amended to read as follows:

��(a)��A person must bring suit for personal injury not later

than five years after the day the cause of action accrues if the

injury arises as a result of conduct that violates:

��(1)��Section 22.011, Penal Code (sexual assault); [or]

��(2)��Section 22.021, Penal Code (aggravated sexual

assault); or

��(3)��Section 21.02, Penal Code (continuous sexual abuse

of young child or children).

��SECTION�3.02.��Section 33.013(b), Civil Practice and

Remedies Code, is amended to read as follows:

��(b)��Notwithstanding Subsection (a), each liable defendant

is, in addition to his liability under Subsection (a), jointly and

severally liable for the damages recoverable by the claimant under

Section 33.012 with respect to a cause of action if:

��(1)��the percentage of responsibility attributed to the

defendant with respect to a cause of action is greater than 50

percent; or

��(2)��the defendant, with the specific intent to do harm

to others, acted in concert with another person to engage in the

conduct described in the following provisions of the Penal Code and

in so doing proximately caused the damages legally recoverable by

the claimant:

��(A)��Section 19.02 (murder);

��(B)��Section 19.03 (capital murder);

��(C)��Section 20.04 (aggravated kidnapping);

��(D)��Section 22.02 (aggravated assault);

��(E)��Section 22.011 (sexual assault);

��(F)��Section 22.021 (aggravated sexual assault);

��(G)��Section 22.04 (injury to a child, elderly

individual, or disabled individual);

��(H)��Section 32.21 (forgery);

��(I)��Section 32.43 (commercial bribery);

��(J)��Section 32.45 (misapplication of fiduciary

property or property of financial institution);

��(K)��Section 32.46 (securing execution of

document by deception);

��(L)��Section 32.47 (fraudulent destruction,

removal, or concealment of writing); [or]

��(M)��conduct described in Chapter 31 the

punishment level for which is a felony of the third degree or

higher; or

��(N)��Section 21.02 (continuous sexual abuse of

young child or children).

��SECTION�3.03.��Section 41.008(c), Civil Practice and

Remedies Code, is amended to read as follows:

��(c)��This section does not apply to a cause of action against

a defendant from whom a plaintiff seeks recovery of exemplary

damages based on conduct described as a felony in the following

sections of the Penal Code if, except for Sections 49.07 and 49.08,

the conduct was committed knowingly or intentionally:

��(1)��Section 19.02 (murder);

��(2)��Section 19.03 (capital murder);

��(3)��Section 20.04 (aggravated kidnapping);

��(4)��Section 22.02 (aggravated assault);

��(5)��Section 22.011 (sexual assault);

��(6)��Section 22.021 (aggravated sexual assault);

��(7)��Section 22.04 (injury to a child, elderly

individual, or disabled individual, but not if the conduct occurred

while providing health care as defined by Section 74.001);

��(8)��Section 32.21 (forgery);

��(9)��Section 32.43 (commercial bribery);

��(10)��Section 32.45 (misapplication of fiduciary

property or property of financial institution);

��(11)��Section 32.46 (securing execution of document by

deception);

��(12)��Section 32.47 (fraudulent destruction, removal,

or concealment of writing);

��(13)��Chapter 31 (theft) the punishment level for which

is a felony of the third degree or higher;

��(14)��Section 49.07 (intoxication assault); [or]

��(15)��Section 49.08 (intoxication manslaughter); or

��(16)��Section 21.02 (continuous sexual abuse of young

child or children).

��SECTION�3.04.��Section 125.0015(a), Civil Practice and

Remedies Code, is amended to read as follows:

��(a)��A person who maintains a place to which persons

habitually go for the following purposes and who knowingly

tolerates the activity and furthermore fails to make reasonable

attempts to abate the activity maintains a common nuisance:

��(1)��discharge of a firearm in a public place as

prohibited by the Penal Code;

��(2)��reckless discharge of a firearm as prohibited by

the Penal Code;

��(3)��engaging in organized criminal activity as a

member of a combination as prohibited by the Penal Code;

��(4)��delivery, possession, manufacture, or use of a

controlled substance in violation of Chapter 481, Health and Safety

Code;

��(5)��gambling, gambling promotion, or communicating

gambling information as prohibited by the Penal Code;

��(6)��prostitution, promotion of prostitution, or

aggravated promotion of prostitution as prohibited by the Penal

Code;

��(7)��compelling prostitution as prohibited by the Penal

Code;

��(8)��commercial manufacture, commercial distribution,

or commercial exhibition of obscene material as prohibited by the

Penal Code;

��(9)��aggravated assault as described by Section 22.02,

Penal Code;

��(10)��sexual assault as described by Section 22.011,

Penal Code;

��(11)��aggravated sexual assault as described by Section

22.021, Penal Code;

��(12)��robbery as described by Section 29.02, Penal

Code;

��(13)��aggravated robbery as described by Section 29.03,

Penal Code;

��(14)��unlawfully carrying a weapon as described by

Section 46.02, Penal Code;

��(15)��murder as described by Section 19.02, Penal Code;

[or]

��(16)��capital murder as described by Section 19.03,

Penal Code; or

��(17)��continuous sexual abuse of young child or

children as described by Section 21.02, Penal Code.

��SECTION�3.05.��Article 7A.01(a), Code of Criminal Procedure,

is amended to read as follows:

��(a)��A person who is the victim of an offense under Section

21.02,�22.011, or 22.021, Penal Code, or a prosecuting attorney

acting on behalf of the person, may file an application for a

protective order under this chapter without regard to the

relationship between the applicant and the alleged offender.

��SECTION�3.06.��Section 5(a), Article 11.071, Code of

Criminal Procedure, is amended to read as follows:

��(a)��If a subsequent application for a writ of habeas corpus

is filed after filing an initial application, a court may not

consider the merits of or grant relief based on the subsequent

application unless the application contains sufficient specific

facts establishing that:

��(1)��the current claims and issues have not been and

could not have been presented previously in a timely initial

application or in a previously considered application filed under

this article or Article 11.07 because the factual or legal basis for

the claim was unavailable on the date the applicant filed the

previous application;

��(2)��by a preponderance of the evidence, but for a

violation of the United States Constitution no rational juror could

have found the applicant guilty beyond a reasonable doubt; or

��(3)��by clear and convincing evidence, but for a

violation of the United States Constitution no rational juror would

have answered in the state's favor one or more of the special issues

that were submitted to the jury in the applicant's trial under

Article 37.071,�[or] 37.0711, or 37.072.

��SECTION�3.07.��Article 15.051(a), Code of Criminal

Procedure, is amended to read as follows:

��(a)��A peace officer or an attorney representing the state

may not require a polygraph examination of a person who charges or

seeks to charge in a complaint the commission of an offense under

Section 21.02,�21.11, 22.011, 22.021, or 25.02, Penal Code.

��SECTION�3.08.��Article 17.03(b), Code of Criminal Procedure,

is amended to read as follows:

��(b)��Only the court before whom the case is pending may

release on personal bond a defendant who:

��(1)��is charged with an offense under the following

sections of the Penal Code:

��(A)��Section 19.03 (Capital Murder);

��(B)��Section 20.04 (Aggravated Kidnapping);

��(C)��Section 22.021 (Aggravated Sexual Assault);

��(D)��Section 22.03 (Deadly Assault on Law

Enforcement or Corrections Officer, Member or Employee of Board of

Pardons and Paroles, or Court Participant);

��(E)��Section 22.04 (Injury to a Child, Elderly

Individual, or Disabled Individual);

��(F)��Section 29.03 (Aggravated Robbery);

��(G)��Section 30.02 (Burglary); [or]

��(H)��Section 71.02 (Engaging in Organized

Criminal Activity); or

��(I)��Section 21.02 (Continuous Sexual Abuse of

Young Child or Children);

��(2)��is charged with a felony under Chapter 481, Health

and Safety Code, or Section 485.033, Health and Safety Code,

punishable by imprisonment for a minimum term or by a maximum fine

that is more than a minimum term or maximum fine for a first degree

felony; or

��(3)��does not submit to testing for the presence of a

controlled substance in the defendant's body as requested by the

court or magistrate under Subsection (c) of this article or submits

to testing and the test shows evidence of the presence of a

controlled substance in the defendant's body.

��SECTION�3.09.��Article 17.032(a), Code of Criminal

Procedure, is amended to read as follows:

��(a)��In this article, "violent offense" means an offense

under the following sections of the Penal Code:

��(1)��Section 19.02 (murder);

��(2)��Section 19.03 (capital murder);

��(3)��Section 20.03 (kidnapping);

��(4)��Section 20.04 (aggravated kidnapping);

��(5)��Section 21.11 (indecency with a child);

��(6)��Section 22.01(a)(1) (assault);

��(7)��Section 22.011 (sexual assault);

��(8)��Section 22.02 (aggravated assault);

��(9)��Section 22.021 (aggravated sexual assault);

��(10)��Section 22.04 (injury to a child, elderly

individual, or disabled individual); [or]

��(11)��Section 29.03 (aggravated robbery); or

��(12)��Section 21.02 (continuous sexual abuse of young

child or children).

��SECTION�3.10.��Article 17.091, Code of Criminal Procedure,

is amended to read as follows:

��Art.�17.091.��NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED. �

Before a judge or magistrate reduces the amount of bail set for a

defendant charged with an offense listed in Section 3g, Article

42.12, or an offense described by Article 62.001(5)�[~~62.01(5)~~], the

judge or magistrate shall provide:

��(1)��to the attorney representing the state, reasonable

notice of the proposed bail reduction; and

��(2)��on request of the attorney representing the state

or the defendant or the defendant's counsel, an opportunity for a

hearing concerning the proposed bail reduction.

��SECTION�3.11.��Article 18.021(a), Code of Criminal

Procedure, is amended to read as follows:

��(a)��A search warrant may be issued to search for and

photograph a child who is alleged to be the victim of the offenses

of injury to a child as prohibited�[~~defined~~] by Section 22.04, Penal

Code[~~, as amended~~]; sexual assault of a child as prohibited�

[~~defined~~] by Section 22.011(a), Penal Code[~~, as amended~~]; [or]

aggravated sexual assault of a child as prohibited�[~~defined~~] by

Section 22.021, Penal Code; or continuous sexual abuse of young

child or children as prohibited by Section 21.02, Penal Code.

��SECTION�3.12.��Article 21.31(a), Code of Criminal Procedure,

is amended to read as follows:

��(a)��A person who is indicted for or who waives indictment

for an offense under Section 21.02,�21.11(a)(1), 22.011, or 22.021,

Penal Code, shall, at the direction of the court, undergo a medical

procedure or test designed to show or help show whether the person

has a sexually transmitted disease or has acquired immune

deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)

infection, antibodies to HIV, or infection with any other probable

causative agent of AIDS. The court may direct the person to undergo

the procedure or test on its own motion or on the request of the

victim of the alleged offense. If the person refuses to submit

voluntarily to the procedure or test, the court shall require the

person to submit to the procedure or test. The court may require a

defendant previously required under this article to undergo a

medical procedure or test on indictment for an offense to undergo a

subsequent medical procedure or test following conviction of the

offense. The person performing the procedure or test shall make the

test results available to the local health authority, and the local

health authority shall be required to make the notification of the

test result to the victim of the alleged offense and to the

defendant.

��SECTION�3.13.��Section 3, Article 31.08, Code of Criminal

Procedure, is amended to read as follows:

��Sec.�3.��Except for the review of a death sentence under

Section 2(h), Article 37.071, or under Section 2(h), Article 37.072�

[~~37.071(h) of this code~~], an appeal taken in a cause returned to the

original county under this article must be docketed in the

appellate district in which the county of original venue is

located.

��SECTION�3.14.��Section 2(b), Article 37.07, Code of Criminal

Procedure, is amended to read as follows:

��(b)��Except as provided by [in] Article 37.071 or 37.072, if

a finding of guilty is returned, it shall then be the responsibility

of the judge to assess the punishment applicable to the offense;

provided, however, that (1) in any criminal action where the jury

may recommend community supervision and the defendant filed his

sworn motion for community supervision before the trial began, and

(2) in other cases where the defendant so elects in writing before

the commencement of the voir dire examination of the jury panel, the

punishment shall be assessed by the same jury, except as provided in

Section 3(c) of this article and in Article 44.29. If a finding of

guilty is returned, the defendant may, with the consent of the

attorney for the state, change his election of one who assesses the

punishment.

��SECTION�3.15.��Sections 4(a) and (b), Article 37.07, Code of

Criminal Procedure, are amended to read as follows:

��(a)��In the penalty phase of the trial of a felony case in

which the punishment is to be assessed by the jury rather than the

court, if the offense of which the jury has found the defendant

guilty is listed in Section 3g(a)(1), Article 42.12, of this code or

if the judgment contains an affirmative finding under Section

3g(a)(2), Article 42.12, of this code, unless the defendant has

been convicted of an offense under Section 21.02, Penal Code, an

offense under Section 22.021, Penal Code, that is punishable under

Subsection (f) of that section, or�a capital felony, the court shall

charge the jury in writing as follows:

��"Under the law applicable in this case, the defendant, if

sentenced to a term of imprisonment, may earn time off the period of

incarceration imposed through the award of good conduct time.

Prison authorities may award good conduct time to a prisoner who

exhibits good behavior, diligence in carrying out prison work

assignments, and attempts at rehabilitation. If a prisoner engages

in misconduct, prison authorities may also take away all or part of

any good conduct time earned by the prisoner.

��"It is also possible that the length of time for which the

defendant will be imprisoned might be reduced by the award of

parole.

��"Under the law applicable in this case, if the defendant is

sentenced to a term of imprisonment, he will not become eligible for

parole until the actual time served equals one-half of the sentence

imposed or 30 years, whichever is less, without consideration of

any good conduct time he may earn. If the defendant is sentenced to

a term of less than four years, he must serve at least two years

before he is eligible for parole. Eligibility for parole does not

guarantee that parole will be granted.

��"It cannot accurately be predicted how the parole law and

good conduct time might be applied to this defendant if he is

sentenced to a term of imprisonment, because the application of

these laws will depend on decisions made by prison and parole

authorities.

��"You may consider the existence of the parole law and good

conduct time. However, you are not to consider the extent to which

good conduct time may be awarded to or forfeited by this particular

defendant. You are not to consider the manner in which the parole

law may be applied to this particular defendant."

��(b)��In the penalty phase of the trial of a felony case in

which the punishment is to be assessed by the jury rather than the

court, if the offense is punishable as a felony of the first degree,

if a prior conviction has been alleged for enhancement of

punishment as provided by Section 12.42(b), (c)(1) or (2)�[~~(c)~~], or

(d), Penal Code, or if the offense is a felony not designated as a

capital felony or a felony of the first, second, or third degree and

the maximum term of imprisonment that may be imposed for the offense

is longer than 60 years, unless the offense of which the jury has

found the defendant guilty is an offense that is punishable under

Section 21.02(h), Penal Code, or�is listed in Section 3g(a)(1),

Article 42.12, of this code or the judgment contains an affirmative

finding under Section 3g(a)(2), Article 42.12, of this code, the

court shall charge the jury in writing as follows:

��"Under the law applicable in this case, the defendant, if

sentenced to a term of imprisonment, may earn time off the period of

incarceration imposed through the award of good conduct time.

Prison authorities may award good conduct time to a prisoner who

exhibits good behavior, diligence in carrying out prison work

assignments, and attempts at rehabilitation. If a prisoner engages

in misconduct, prison authorities may also take away all or part of

any good conduct time earned by the prisoner.

��"It is also possible that the length of time for which the

defendant will be imprisoned might be reduced by the award of

parole.

��"Under the law applicable in this case, if the defendant is

sentenced to a term of imprisonment, he will not become eligible for

parole until the actual time served plus any good conduct time

earned equals one-fourth of the sentence imposed or 15 years,

whichever is less. Eligibility for parole does not guarantee that

parole will be granted.

��"It cannot accurately be predicted how the parole law and

good conduct time might be applied to this defendant if he is

sentenced to a term of imprisonment, because the application of

these laws will depend on decisions made by prison and parole

authorities.

��"You may consider the existence of the parole law and good

conduct time. However, you are not to consider the extent to which

good conduct time may be awarded to or forfeited by this particular

defendant. You are not to consider the manner in which the parole

law may be applied to this particular defendant."

��SECTION�3.16.��Section 1, Article 38.071, Code of Criminal

Procedure, is amended to read as follows:

��Sec.�1.��This article applies only to a hearing or proceeding

in which the court determines that a child younger than 13 years of

age would be unavailable to testify in the presence of the defendant

about an offense defined by any of the following sections of the

Penal Code:

��(1)��Section 19.02 (Murder);

��(2)��Section 19.03 (Capital Murder);

��(3)��Section 19.04 (Manslaughter);

��(4)��Section 20.04 (Aggravated Kidnapping);

��(5)��Section 21.11 (Indecency with a Child);

��(6)��Section 22.011 (Sexual Assault);

��(7)��Section 22.02 (Aggravated Assault);

��(8)��Section 22.021 (Aggravated Sexual Assault);

��(9)��Section 22.04(e) (Injury to a Child, Elderly

Individual, or Disabled Individual);

��(10)��Section 22.04(f) (Injury to a Child, Elderly

Individual, or Disabled Individual), if the conduct is committed

intentionally or knowingly;

��(11)��Section 25.02 (Prohibited Sexual Conduct);

��(12)��Section 29.03 (Aggravated Robbery); [or]

��(13)��Section 43.25 (Sexual Performance by a Child); or

��(14)��Section 21.02 (Continuous Sexual Abuse of Young

Child or Children).

��SECTION�3.17.��Article 42.017, Code of Criminal Procedure,

is amended to read as follows:

��Art.�42.017.��FINDING REGARDING AGE-BASED OFFENSE. �In the

trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or

43.25, Penal Code, the judge shall make an affirmative finding of

fact and enter the affirmative finding in the judgment in the case

if the judge determines that:

��(1)��at the time of the offense, the defendant was

younger than 19 years of age and the victim was at least 13 years of

age; and

��(2)��the conviction is based solely on the ages of the

defendant and the victim or intended victim at the time of the

offense.

��SECTION�3.18.��Article 44.251, Code of Criminal Procedure,

is amended by amending Subsections (a) and (c) and adding

Subsection (d) to read as follows:

��(a)��The court of criminal appeals shall reform a sentence of

death to a sentence of confinement in the [~~institutional division~~

~~of the~~] Texas Department of Criminal Justice for life without

parole if the court finds that there is legally insufficient

evidence to support an affirmative answer to an issue submitted to

the jury under Section 2(b), Article 37.071, or Section 2(b),

Article 37.072.

��(c)��If the court of criminal appeals finds reversible error

that affects the punishment stage of the trial only, as described by

Subsection (b) of this article, and the prosecuting attorney does

not file a motion for reformation of sentence in the period

described by that subsection, the defendant shall receive a new

sentencing trial in the manner required by Article 44.29(c) or (d),

as applicable [~~of this code~~].

��(d)��The court of criminal appeals shall reform a sentence of

death imposed under Section 12.42(c)(3), Penal Code, to a sentence

of imprisonment in the Texas Department of Criminal Justice for

life without parole if the United States Supreme Court:

��(1)��finds that the imposition of the death penalty

under Section 12.42(c)(3), Penal Code, violates the United States

Constitution; and

��(2)��issues an order that is not inconsistent with this

article.

��SECTION�3.19.��Article 44.29, Code of Criminal Procedure, is

amended by adding Subsection (d) to read as follows:

��(d)��If any court sets aside or invalidates the sentence of a

defendant convicted of an offense punishable as a capital felony

under Section 12.42(c)(3), Penal Code, and sentenced to death on

the basis of any error affecting punishment only, the court shall

not set the conviction aside but rather shall commence a new

punishment hearing under Article 37.072, as if a finding of guilt

had been returned. The court shall empanel a jury for the

sentencing stage of the trial in the same manner as a jury is to be

empaneled by the court in other trials before the court for the

offense of which the defendant was convicted. At the new punishment

hearing, the court shall permit both the state and the defendant to

introduce evidence as permitted by Article 37.072.

��SECTION�3.20.��Article 56.01, Code of Criminal Procedure, is

amended by adding Subdivision (2-a) to read as follows:

��(2-a)��"Sexual assault" includes an offense under

Section 21.02, Penal Code.

��SECTION�3.21.��Article 56.02(a), Code of Criminal Procedure,

is amended to read as follows:

��(a)��A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

criminal justice system:

��(1)��the right to receive from law enforcement agencies

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

��(2)��the right to have the magistrate take the safety of

the victim or his family into consideration as an element in fixing

the amount of bail for the accused;

��(3)��the right, if requested, to be informed:

��(A)��by the attorney representing the state of

relevant court proceedings, including appellate proceedings, and

to be informed if those proceedings have been canceled or

rescheduled prior to the event; and

��(B)��by an appellate court of decisions of the

court, after the decisions are entered but before the decisions are

made public;

��(4)��the right to be informed, when requested, by a

peace officer concerning the defendant's right to bail and the

procedures in criminal investigations and by the district

attorney's office concerning the general procedures in the criminal

justice system, including general procedures in guilty plea

negotiations and arrangements, restitution, and the appeals and

parole process;

��(5)��the right to provide pertinent information to a

probation department conducting a presentencing investigation

concerning the impact of the offense on the victim and his family by

testimony, written statement, or any other manner prior to any

sentencing of the offender;

��(6)��the right to receive information regarding

compensation to victims of crime as provided by Subchapter B,

including information related to the costs that may be compensated

under that subchapter and the amount of compensation, eligibility

for compensation, and procedures for application for compensation

under that subchapter, the payment for a medical examination under

Article 56.06 for a victim of a sexual assault, and when requested,

to referral to available social service agencies that may offer

additional assistance;

��(7)��the right to be informed, upon request, of parole

procedures, to participate in the parole process, to be notified,

if requested, of parole proceedings concerning a defendant in the

victim's case, to provide to the Board of Pardons and Paroles for

inclusion in the defendant's file information to be considered by

the board prior to the parole of any defendant convicted of any

crime subject to this subchapter, and to be notified, if requested,

of the defendant's release;

��(8)��the right to be provided with a waiting area,

separate or secure from other witnesses, including the offender and

relatives of the offender, before testifying in any proceeding

concerning the offender; if a separate waiting area is not

available, other safeguards should be taken to minimize the

victim's contact with the offender and the offender's relatives and

witnesses, before and during court proceedings;

��(9)��the right to prompt return of any property of the

victim that is held by a law enforcement agency or the attorney for

the state as evidence when the property is no longer required for

that purpose;

��(10)��the right to have the attorney for the state

notify the employer of the victim, if requested, of the necessity of

the victim's cooperation and testimony in a proceeding that may

necessitate the absence of the victim from work for good cause;

��(11)��the right to counseling, on request, regarding

acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) infection and testing for acquired

immune deficiency syndrome (AIDS), human immunodeficiency virus

(HIV) infection, antibodies to HIV, or infection with any other

probable causative agent of AIDS, if the offense is an offense under

Section 21.02,�21.11(a)(1), 22.011, or 22.021, Penal Code;

��(12)��the right to request victim-offender mediation

coordinated by the victim services division of the Texas Department

of Criminal Justice;

��(13)��the right to be informed of the uses of a victim

impact statement and the statement's purpose in the criminal

justice system, to complete the victim impact statement, and to

have the victim impact statement considered:

��(A)��by the attorney representing the state and

the judge before sentencing or before a plea bargain agreement is

accepted; and

��(B)��by the Board of Pardons and Paroles before an

inmate is released on parole; and

��(14)��except as provided by Article 56.06(a), for a

victim of a sexual assault, the right to a forensic medical

examination if the sexual assault is reported to a law enforcement

agency within 96 hours of the assault.

��SECTION�3.22.��(a) �Article 62.001(5), Code of Criminal

Procedure, as renumbered from former Subdivision (5), Article

62.01, Code of Criminal Procedure, and amended by Chapter 1008,

Acts of the 79th Legislature, Regular Session, 2005, is reenacted

and amended to conform to an amendment to former Subdivision (5),

Article 62.01, by Chapter 1273, Acts of the 79th Legislature,

Regular Session, 2005, and is further amended to read as follows:

��(5)��"Reportable conviction or adjudication" means a

conviction or adjudication, including an adjudication of

delinquent conduct or a deferred adjudication, that, regardless of

the pendency of an appeal, is a conviction for or an adjudication

for or based on:

��(A)��a violation of Section 21.02 (Continuous

sexual abuse of young child or children), 21.11 (Indecency with a

child), 22.011 (Sexual assault), 22.021 (Aggravated sexual

assault), or 25.02 (Prohibited sexual conduct), Penal Code;

��(B)��a violation of Section 43.05 (Compelling

prostitution), 43.25 (Sexual performance by a child), or 43.26

(Possession or promotion of child pornography), Penal Code;

��(C)��a violation of Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the actor committed the

offense or engaged in the conduct with intent to violate or abuse

the victim sexually;

��(D)��a violation of Section 30.02 (Burglary),

Penal Code, if the offense or conduct is punishable under

Subsection (d) of that section and the actor committed the offense

or engaged in the conduct with intent to commit a felony listed in

Paragraph (A) or (C);

��(E)��a violation of Section 20.02 (Unlawful

restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),

Penal Code, if, as applicable:

��(i)��the judgment in the case contains an

affirmative finding under Article 42.015; or

��(ii)��the order in the hearing or the papers

in the case contain an affirmative finding that the victim or

intended victim was younger than 17 years of age;

��(F)��the second violation of Section 21.08

(Indecent exposure), Penal Code, but not if the second violation

results in a deferred adjudication;

��(G)��an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense or engage in

conduct listed in Paragraph (A), (B), (C), (D), or (E);

��(H)��a violation of the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of an offense listed under Paragraph (A), (B), (C), (D), (E), [or]

(G), or (J), but not if the violation results in a deferred

adjudication; [or]

��(I)��the second violation of the laws of another

state, federal law, the laws of a foreign country, or the Uniform

Code of Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of the offense of indecent exposure, but not if the second violation

results in a deferred adjudication; or

��(J)��a violation of Section 33.021 (Online

solicitation of a minor), Penal Code.

��(b)��Section 2, Chapter 1273, Acts of the 79th Legislature,

Regular Session, 2005, is repealed.

��SECTION�3.23.��Article 62.001(6), Code of Criminal

Procedure, is amended to read as follows:

��(6)��"Sexually violent offense" means any of the

following offenses committed by a person 17 years of age or older:

��(A)��an offense under Section 21.02 (Continuous

sexual abuse of young child or children), 21.11(a)(1) (Indecency

with a child), 22.011 (Sexual assault), or 22.021 (Aggravated

sexual assault), Penal Code;

��(B)��an offense under Section 43.25 (Sexual

performance by a child), Penal Code;

��(C)��an offense under Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the defendant committed the

offense with intent to violate or abuse the victim sexually;

��(D)��an offense under Section 30.02 (Burglary),

Penal Code, if the offense is punishable under Subsection (d) of

that section and the defendant committed the offense with intent to

commit a felony listed in Paragraph (A) or (C) of Subdivision (5);

��(E)��an offense under the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice if the offense contains elements that are

substantially similar to the elements of an offense listed under

Paragraph (A), (B), (C), or (D).

��SECTION�3.24.��Article 102.0186(a), Code of Criminal

Procedure, is amended to read as follows:

��(a)��A person convicted of an offense under Section 21.02,�

21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26,

Penal Code, shall pay $100 on conviction of the offense.

��SECTION�3.25.��Section 25.0341(a), Education Code, as added

by Chapter 997, Acts of the 79th Legislature, Regular Session,

2005, is amended to read as follows:

��(a)��This section applies only to:

��(1)��a student:

��(A)��who has been convicted of continuous sexual

abuse of young child or children under Section 21.02, Penal Code,�or

convicted of or�placed on deferred adjudication for the offense of

sexual assault under Section 22.011, Penal Code, or aggravated

sexual assault under Section 22.021, Penal Code, committed against

another student who, at the time the offense occurred, was assigned

to the same campus as the student convicted or placed on deferred

adjudication;

��(B)��who has been adjudicated under Section 54.03,

Family Code, as having engaged in conduct described by Paragraph

(A);

��(C)��whose prosecution under Section 53.03,

Family Code, for engaging in conduct described by Paragraph (A) has

been deferred; or

��(D)��who has been placed on probation under

Section 54.04(d)(1), Family Code, for engaging in conduct described

by Paragraph (A); and

��(2)��a student who is the victim of conduct described by

Subdivision (1)(A).

��SECTION�3.26.��Section 37.007(a), Education Code, is amended

to read as follows:

��(a)��A student shall be expelled from a school if the

student, on school property or while attending a school-sponsored

or school-related activity on or off of school property:

��(1)��uses, exhibits, or possesses:

��(A)��a firearm as defined by Section 46.01(3),

Penal Code;

��(B)��an illegal knife as defined by Section

46.01(6), Penal Code, or by local policy;

��(C)��a club as defined by Section 46.01(1), Penal

Code; or

��(D)��a weapon listed as a prohibited weapon under

Section 46.05, Penal Code;

��(2)��engages in conduct that contains the elements of

the offense of:

��(A)��aggravated assault under Section 22.02,

Penal Code, sexual assault under Section 22.011, Penal Code, or

aggravated sexual assault under Section 22.021, Penal Code;

��(B)��arson under Section 28.02, Penal Code;

��(C)��murder under Section 19.02, Penal Code,

capital murder under Section 19.03, Penal Code, or criminal

attempt, under Section 15.01, Penal Code, to commit murder or

capital murder;

��(D)��indecency with a child under Section 21.11,

Penal Code;

��(E)��aggravated kidnapping under Section 20.04,

Penal Code;

��(F)��aggravated robbery under Section 29.03,

Penal Code;

��(G)��manslaughter under Section 19.04, Penal

Code; [or]

��(H)��criminally negligent homicide under Section

19.05, Penal Code; or

��(I)��continuous sexual abuse of young child or

children under Section 21.02, Penal Code; or

��(3)��engages in conduct specified by Section

37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

��SECTION�3.27.��Section 33.009, Family Code, is amended to

read as follows:

��Sec.�33.009.��OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. �A

court or the guardian ad litem or attorney ad litem for the minor

shall report conduct reasonably believed to violate Section 21.02,�

22.011, 22.021, or 25.02, Penal Code, based on information obtained

during a confidential court proceeding held under this chapter to:

��(1)��any local or state law enforcement agency;

��(2)��the Department of Family and�Protective [~~and~~

~~Regulatory~~] Services, if the alleged conduct involves a person

responsible for the care, custody, or welfare of the child;

��(3)��the state agency that operates, licenses,

certifies, or registers the facility in which the alleged conduct

occurred, if the alleged conduct occurred in a facility operated,

licensed, certified, or registered by a state agency; or

��(4)��an appropriate agency designated by the court.

��SECTION�3.28.��Section 33.010, Family Code, is amended to

read as follows:

��Sec.�33.010.��CONFIDENTIALITY. �Notwithstanding any other

law, information obtained by the Department of Family and�

Protective [~~and Regulatory~~] Services or another entity under

Section 33.008 or 33.009 is confidential except to the extent

necessary to prove a violation of Section 21.02,�22.011, 22.021, or

25.02, Penal Code.

��SECTION�3.29.��Section 156.104, Family Code, is amended to

read as follows:

��Sec.�156.104.��MODIFICATION OF ORDER ON CONVICTION FOR CHILD

ABUSE; PENALTY. �(a) �Except as provided by Section 156.1045, the

conviction of a conservator for an offense under Section 21.02,

Penal Code, or the conviction of a conservator[,] or an order

deferring adjudication with regard to the conservator, for an

offense involving the abuse of a child under Section �21.11, 22.011,

or 22.021, Penal Code, is a material and substantial change of

circumstances sufficient to justify a temporary order and

modification of an existing court order or portion of a decree that

provides for the appointment of a conservator or that sets the terms

and conditions of conservatorship or for the possession of or

access to a child.

��(b)��A person commits an offense if the person files a suit to

modify an order or portion of a decree based on the grounds

permitted under Subsection (a) and the person knows that the person

against whom the motion is filed has not been convicted of an

offense, or received deferred adjudication for an offense, under

Section 21.02,�21.11, 22.011, or 22.021, Penal Code. An offense

under this subsection is a Class B misdemeanor.

��SECTION�3.30.��Section 161.001, Family Code, is amended to

read as follows:

��Sec.�161.001.��INVOLUNTARY TERMINATION OF PARENT-CHILD

RELATIONSHIP. �The court may order termination of the parent-child

relationship if the court finds by clear and convincing evidence:

��(1)��that the parent has:

��(A)��voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

��(B)��voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

��(C)��voluntarily left the child alone or in the

possession of another without providing adequate support of the

child and remained away for a period of at least six months;

��(D)��knowingly placed or knowingly allowed the

child to remain in conditions or surroundings which endanger the

physical or emotional well-being of the child;

��(E)��engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

��(F)��failed to support the child in accordance

with the parent's ability during a period of one year ending within

six months of the date of the filing of the petition;

��(G)��abandoned the child without identifying the

child or furnishing means of identification, and the child's

identity cannot be ascertained by the exercise of reasonable

diligence;

��(H)��voluntarily, and with knowledge of the

pregnancy, abandoned the mother of the child beginning at a time

during her pregnancy with the child and continuing through the

birth, failed to provide adequate support or medical care for the

mother during the period of abandonment before the birth of the

child, and remained apart from the child or failed to support the

child since the birth;

��(I)��contumaciously refused to submit to a

reasonable and lawful order of a court under Subchapter D, Chapter

261;

��(J)��been the major cause of:

��(i)��the failure of the child to be enrolled

in school as required by the Education Code; or

��(ii)��the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

��(K)��executed before or after the suit is filed an

unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

��(L)��been convicted or has been placed on

community supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code or adjudicated under Title 3 for conduct that caused the death

or serious injury of a child and that would constitute a violation

of one of the following Penal Code sections:

��(i)��Section 19.02 (murder);

��(ii)��Section 19.03 (capital murder);

��(iii)��Section 19.04 (manslaughter);

��(iv)��Section 21.11 (indecency with a

child);

��(v)��Section 22.01 (assault);

��(vi)��Section 22.011 (sexual assault);

��(vii)��Section 22.02 (aggravated assault);

��(viii)��Section 22.021 (aggravated sexual

assault);

��(ix)��Section 22.04 (injury to a child,

elderly individual, or disabled individual);

��(x)��Section 22.041 (abandoning or

endangering child);

��(xi)��Section 25.02 (prohibited sexual

conduct);

��(xii)��Section 43.25 (sexual performance by

a child); [~~and~~]

��(xiii)��Section 43.26 (possession or

promotion of child pornography); and

��(xiv)��Section 21.02 (continuous sexual

abuse of young child or children);

��(M)��had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

��(N)��constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services or an authorized

agency for not less than six months, and:

��(i)��the department or authorized agency has

made reasonable efforts to return the child to the parent;

��(ii)��the parent has not regularly visited

or maintained significant contact with the child; and

��(iii)��the parent has demonstrated an

inability to provide the child with a safe environment;

��(O)��failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child;

��(P)��used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, and:

��(i)��failed to complete a court-ordered

substance abuse treatment program; or

��(ii)��after completion of a court-ordered

substance abuse treatment program, continued to abuse a controlled

substance;

��(Q)��knowingly engaged in criminal conduct that

has resulted in the parent's:

��(i)��conviction of an offense; and

��(ii)��confinement or imprisonment and

inability to care for the child for not less than two years from the

date of filing the petition;

��(R)��been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription, as defined

by Section 261.001;

��(S)��voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child; or

��(T)��been convicted of the murder of the other

parent of the child under Section 19.02 or 19.03, Penal Code, or

under a law of another state, federal law, the law of a foreign

country, or the Uniform Code of Military Justice that contains

elements that are substantially similar to the elements of an

offense under Section 19.02 or 19.03, Penal Code; and

��(2)��that termination is in the best interest of the

child.

��SECTION�3.31.��Section 161.007, Family Code, is amended to

read as follows:

��Sec.�161.007.��TERMINATION WHEN PREGNANCY RESULTS FROM

CRIMINAL ACT. �The court may order the termination of the

parent-child relationship of a parent and a child if the court finds

that:

��(1)��the parent has been convicted of an offense

committed under Section 21.02,�22.011, 22.021, or 25.02, Penal

Code;

��(2)��as a direct result of the commission of the offense

by the parent, the victim of the offense became pregnant with the

parent's child; and

��(3)��termination is in the best interest of the child.

��SECTION�3.32.��Section 261.001(1), Family Code, is amended

to read as follows:

��(1)��"Abuse" includes the following acts or omissions

by a person:

��(A)��mental or emotional injury to a child that

results in an observable and material impairment in the child's

growth, development, or psychological functioning;

��(B)��causing or permitting the child to be in a

situation in which the child sustains a mental or emotional injury

that results in an observable and material impairment in the

child's growth, development, or psychological functioning;

��(C)��physical injury that results in substantial

harm to the child, or the genuine threat of substantial harm from

physical injury to the child, including an injury that is at

variance with the history or explanation given and excluding an

accident or reasonable discipline by a parent, guardian, or

managing or possessory conservator that does not expose the child

to a substantial risk of harm;

��(D)��failure to make a reasonable effort to

prevent an action by another person that results in physical injury

that results in substantial harm to the child;

��(E)��sexual conduct harmful to a child's mental,

emotional, or physical welfare, including conduct that constitutes

the offense of continuous sexual abuse of young child or children

under Section 21.02, Penal Code,�indecency with a child under

Section 21.11, Penal Code, sexual assault under Section 22.011,

Penal Code, or aggravated sexual assault under Section 22.021,

Penal Code;

��(F)��failure to make a reasonable effort to

prevent sexual conduct harmful to a child;

��(G)��compelling or encouraging the child to engage

in sexual conduct as defined by Section 43.01, Penal Code;

��(H)��causing, permitting, encouraging, engaging

in, or allowing the photographing, filming, or depicting of the

child if the person knew or should have known that the resulting

photograph, film, or depiction of the child is obscene as defined by

Section 43.21, Penal Code, or pornographic;

��(I)��the current use by a person of a controlled

substance as defined by Chapter 481, Health and Safety Code, in a

manner or to the extent that the use results in physical, mental, or

emotional injury to a child;

��(J)��causing, expressly permitting, or

encouraging a child to use a controlled substance as defined by

Chapter 481, Health and Safety Code; or

��(K)��causing, permitting, encouraging, engaging

in, or allowing a sexual performance by a child as defined by

Section 43.25, Penal Code.

��SECTION�3.33.��Section 262.2015(b), Family Code, is amended

to read as follows:

��(b)��The court may find under Subsection (a) that a parent

has subjected the child to aggravated circumstances if:

��(1)��the parent abandoned the child without

identification or a means for identifying the child;

��(2)��the child is a victim of serious bodily injury or

sexual abuse inflicted by the parent or by another person with the

parent's consent;

��(3)��the parent has engaged in conduct against the

child that would constitute an offense under the following

provisions of the Penal Code:

��(A)��Section 19.02 (murder);

��(B)��Section 19.03 (capital murder);

��(C)��Section 19.04 (manslaughter);

��(D)��Section 21.11 (indecency with a child);

��(E)��Section 22.011 (sexual assault);

��(F)��Section 22.02 (aggravated assault);

��(G)��Section 22.021 (aggravated sexual assault);

��(H)��Section 22.04 (injury to a child, elderly

individual, or disabled individual);

��(I)��Section 22.041 (abandoning or endangering

child);

��(J)��Section 25.02 (prohibited sexual conduct);

��(K)��Section 43.25 (sexual performance by a

child); [or]

��(L)��Section 43.26 (possession or promotion of

child pornography); or

��(M)��Section 21.02 (continuous sexual abuse of

young child or children);

��(4)��the parent voluntarily left the child alone or in

the possession of another person not the parent of the child for at

least six months without expressing an intent to return and without

providing adequate support for the child;

��(5)��the parent's parental rights with regard to

another child have been involuntarily terminated based on a finding

that the parent's conduct violated Section 161.001(1)(D) or (E) or

a substantially equivalent provision of another state's law;

��(6)��the parent has been convicted for:

��(A)��the murder of another child of the parent and

the offense would have been an offense under 18 U.S.C. Section

1111(a) if the offense had occurred in the special maritime or

territorial jurisdiction of the United States;

��(B)��the voluntary manslaughter of another child

of the parent and the offense would have been an offense under 18

U.S.C. Section 1112(a) if the offense had occurred in the special

maritime or territorial jurisdiction of the United States;

��(C)��aiding or abetting, attempting, conspiring,

or soliciting an offense under Subdivision (A) or (B); or

��(D)��the felony assault of the child or another

child of the parent that resulted in serious bodily injury to the

child or another child of the parent; or

��(7)��the parent's parental rights with regard to two

other children have been involuntarily terminated.

��SECTION�3.34.��Section 411.1471(a), Government Code, is

amended to read as follows:

��(a)��This section applies to a defendant who is:

��(1)��indicted or waives indictment for a felony

prohibited or punishable under any of the following Penal Code

sections:

��(A)��Section 20.04(a)(4);

��(B)��Section 21.11;

��(C)��Section 22.011;

��(D)��Section 22.021;

��(E)��Section 25.02;

��(F)��Section 30.02(d);

��(G)��Section 43.05;

��(H)��Section 43.25; [or]

��(I)��Section 43.26; or

��(J)��Section 21.02;

��(2)��arrested for a felony described by Subdivision (1)

after having been previously convicted of or placed on deferred

adjudication for an offense described by Subdivision (1) or an

offense punishable under Section 30.02(c)(2), Penal Code; or

��(3)��convicted of an offense under Section 21.07 or

21.08, Penal Code.

��SECTION�3.35.��Section 420.003(4), Government Code, is

amended to read as follows:

��(4)��"Sexual assault" means any act or attempted act as

described by Section 21.02,�21.11, 22.011, 22.021, or 25.02, Penal

Code.

��SECTION�3.36.��Section 499.027(b), Government Code, is

amended to read as follows:

��(b)��An inmate is not eligible under this subchapter to be

considered for release to intensive supervision parole if:

��(1)��the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense for

which the judgment contains an affirmative finding under Section

3g(a)(2), Article 42.12, Code of Criminal Procedure;

��(2)��the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense

listed in one of the following sections of the Penal Code:

��(A)��Section 19.02 (murder);

��(B)��Section 19.03 (capital murder);

��(C)��Section 19.04 (manslaughter);

��(D)��Section 20.03 (kidnapping);

��(E)��Section 20.04 (aggravated kidnapping);

��(F)��Section 21.11 (indecency with a child);

��(G)��Section 22.011 (sexual assault);

��(H)��Section 22.02 (aggravated assault);

��(I)��Section 22.021 (aggravated sexual assault);

��(J)��Section 22.04 (injury to a child or an

elderly individual);

��(K)��Section 25.02 (prohibited sexual conduct);

��(L)��Section 25.08 (sale or purchase of a child);

��(M)��Section 28.02 (arson);

��(N)��Section 29.02 (robbery);

��(O)��Section 29.03 (aggravated robbery);

��(P)��Section 30.02 (burglary), if the offense is

punished as a first-degree felony under that section;

��(Q)��Section 43.04 (aggravated promotion of

prostitution);

��(R)��Section 43.05 (compelling prostitution);

��(S)��Section 43.24 (sale, distribution, or

display of harmful material to minor);

��(T)��Section 43.25 (sexual performance by a

child);

��(U)��Section 46.10 (deadly weapon in penal

institution);

��(V)��Section 15.01 (criminal attempt), if the

offense attempted is listed in this subsection;

��(W)��Section 15.02 (criminal conspiracy), if the

offense that is the subject of the conspiracy is listed in this

subsection; [or]

��(X)��Section 15.03 (criminal solicitation), if

the offense solicited is listed in this subsection; or

��(Y)��Section 21.02 (continuous sexual abuse of

young child or children); or

��(3)��the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense under

Chapter 481, Health and Safety Code, punishable by a minimum term of

imprisonment or a maximum fine that is greater than the minimum term

of imprisonment or the maximum fine for a first degree felony.

��SECTION�3.37.��Section 501.061(a), Government Code, is

amended to read as follows:

��(a)��A physician employed or retained by the department may

perform an orchiectomy on an inmate only if:

��(1)��the inmate has been convicted of an offense under

Section 21.02,�21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal

Code, and has previously been convicted under one or more of those

sections;

��(2)��the inmate is 21 years of age or older;

��(3)��the inmate requests the procedure in writing;

��(4)��the inmate signs a statement admitting the inmate

committed the offense described by Subsection (a)(1) for which the

inmate has been convicted;

��(5)��a psychiatrist and a psychologist who are

appointed by the department and have experience in the treatment of

sex offenders:

��(A)��evaluate the inmate and determine that the

inmate is a suitable candidate for the procedure; and

��(B)��counsel the inmate before the inmate

undergoes the procedure;

��(6)��the physician obtains the inmate's informed,

written consent to undergo the procedure;

��(7)��the inmate has not previously requested that the

department perform the procedure and subsequently withdrawn the

request; and

��(8)��the inmate consults with a monitor as provided by

Subsection (f).

��SECTION�3.38.��Section 508.046, Government Code, is amended

to read as follows:

��Sec.�508.046.��EXTRAORDINARY VOTE REQUIRED. �To release on

parole an inmate who was convicted of an offense under Section

21.02,�21.11(a)(1), or 22.021, Penal Code, or who is required under

Section 508.145(c) to serve 35 calendar years before becoming

eligible for release on parole, all members of the board must vote

on the release on parole of the inmate, and at least two-thirds of

the members must vote in favor of the release on parole. A member of

the board may not vote on the release unless the member first

receives a copy of a written report from the department on the

probability that the inmate would commit an offense after being

released on parole.

��SECTION�3.39.��Section 508.117(g), Government Code, is

amended by adding Subdivision (2-a) to read as follows:

��(2-a)��"Sexual assault" includes an offense under

Section 21.02, Penal Code.

��SECTION�3.40.��Section 508.151(a), Government Code, is

amended to read as follows:

��(a)��For the purpose of diverting inmates to halfway houses

under Section 508.118, a parole panel, after reviewing all

available pertinent information, may designate a presumptive

parole date for an inmate who:

��(1)��has never been convicted of an offense listed

under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,

or an offense under Section 21.02, Penal Code; and

��(2)��has never had a conviction with a judgment that

contains an affirmative finding under Section 3g(a)(2), Article

42.12, Code of Criminal Procedure.

��SECTION�3.41.��Section 508.187(a), Government Code, is

amended to read as follows:

��(a)��This section applies only to a releasee serving a

sentence for an offense under:

��(1)��Section 43.25 or 43.26, Penal Code;

��(2)��Section 21.02, 21.11, 22.011, 22.021, or 25.02,

Penal Code;

��(3)��Section 20.04(a)(4), Penal Code, if the releasee

committed the offense with the intent to violate or abuse the victim

sexually; or

��(4)��Section 30.02, Penal Code, punishable under

Subsection (d) of that section, if the releasee committed the

offense with the intent to commit a felony listed in Subdivision (2)

or (3).

��SECTION�3.42.��Section 508.189(a), Government Code, is

amended to read as follows:

��(a)��A parole panel shall require as a condition of parole or

mandatory supervision that a releasee convicted of an offense under

Section 21.02, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or

43.26, Penal Code, pay to the division a parole supervision fee of

$5 each month during the period of parole supervision.

��SECTION�3.43.��Section 242.126(c), Health and Safety Code,

is amended to read as follows:

��(c)��The agency shall begin the investigation:

��(1)��within 24 hours of receipt of the report or other

allegation, if the report of abuse or neglect or other complaint

alleges that:

��(A)��a resident's health or safety is in imminent

danger;

��(B)��a resident has recently died because of

conduct alleged in the report of abuse or neglect or other

complaint;

��(C)��a resident has been hospitalized or been

treated in an emergency room because of conduct alleged in the

report of abuse or neglect or other complaint;

��(D)��a resident has been a victim of any act or

attempted act described by Section 21.02, 21.11, 22.011, or 22.021,

Penal Code; or

��(E)��a resident has suffered bodily injury, as

that term is defined by Section 1.07, Penal Code, because of conduct

alleged in the report of abuse or neglect or other complaint; or

��(2)��before the end of the next working day after the

date of receipt of the report of abuse or neglect or other

complaint, if the report or complaint alleges the existence of

circumstances that could result in abuse or neglect and that could

place a resident's health or safety in imminent danger.

��SECTION�3.44.��Section 250.006(a), Health and Safety Code,

is amended to read as follows:

��(a)��A person for whom the facility is entitled to obtain

criminal history record information may not be employed in a

facility if the person has been convicted of an offense listed in

this subsection:

��(1)��an offense under Chapter 19, Penal Code (criminal

homicide);

��(2)��an offense under Chapter 20, Penal Code

(kidnapping and unlawful restraint);

��(3)��an offense under Section 21.02, Penal Code

(continuous sexual abuse of young child or children), or Section

21.11, Penal Code (indecency with a child);

��(4)��an offense under Section 22.011, Penal Code

(sexual assault);

��(5)��an offense under Section 22.02, Penal Code

(aggravated assault);

��(6)��an offense under Section 22.04, Penal Code (injury

to a child, elderly individual, or disabled individual);

��(7)��an offense under Section 22.041, Penal Code

(abandoning or endangering child);

��(8)��an offense under Section 22.08, Penal Code (aiding

suicide);

��(9)��an offense under Section 25.031, Penal Code

(agreement to abduct from custody);

��(10)��an offense under Section 25.08, Penal Code (sale

or purchase of a child);

��(11)��an offense under Section 28.02, Penal Code

(arson);

��(12)��an offense under Section 29.02, Penal Code

(robbery);

��(13)��an offense under Section 29.03, Penal Code

(aggravated robbery); or

��(14)��a conviction under the laws of another state,

federal law, or the Uniform Code of Military Justice for an offense

containing elements that are substantially similar to the elements

of an offense listed under Subdivisions (1)-(13).

��SECTION�3.45.��Section 841.002(8), Health and Safety Code,

is amended to read as follows:

��(8)��"Sexually violent offense" means:

��(A)��an offense under Section 21.02, 21.11(a)(1),

22.011, or 22.021, Penal Code;

��(B)��an offense under Section 20.04(a)(4), Penal

Code, if the person committed the offense with the intent to violate

or abuse the victim sexually;

��(C)��an offense under Section 30.02, Penal Code,

if the offense is punishable under Subsection (d) of that section

and the person committed the offense with the intent to commit an

offense listed in Paragraph (A) or (B);

��(D)��an offense under Section 19.02 or 19.03,

Penal Code, that, during the guilt or innocence phase or the

punishment phase for the offense, during the adjudication or

disposition of delinquent conduct constituting the offense, or

subsequently during a civil commitment proceeding under Subchapter

D, is determined beyond a reasonable doubt to have been based on

sexually motivated conduct;

��(E)��an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense listed in

Paragraph (A), (B), (C), or (D);

��(F)��an offense under prior state law that

contains elements substantially similar to the elements of an

offense listed in Paragraph (A), (B), (C), (D), or (E); or

��(G)��an offense under the law of another state,

federal law, or the Uniform Code of Military Justice that contains

elements substantially similar to the elements of an offense listed

in Paragraph (A), (B), (C), (D), or (E).

��SECTION�3.46.��Section 301.4535(a), Occupations Code, is

amended to read as follows:

��(a)��The board shall suspend a nurse's license or refuse to

issue a license to an applicant on proof that the nurse or applicant

has been initially convicted of:

��(1)��murder under Section 19.02, Penal Code, capital

murder under Section 19.03, Penal Code, or manslaughter under

Section 19.04, Penal Code;

��(2)��kidnapping or unlawful restraint under Chapter 20,

Penal Code, and the offense was punished as a felony or state jail

felony;

��(3)��sexual assault under Section 22.011, Penal Code;

��(4)��aggravated sexual assault under Section 22.021,

Penal Code;

��(5)��continuous sexual abuse of young child or children

under Section 21.02, Penal Code, or�indecency with a child under

Section 21.11, Penal Code;

��(6)��aggravated assault under Section 22.02, Penal

Code;

��(7)��intentionally, knowingly, or recklessly injuring

a child, elderly individual, or disabled individual under Section

22.04, Penal Code;

��(8)��intentionally, knowingly, or recklessly

abandoning or endangering a child under Section 22.041, Penal Code;

��(9)��aiding suicide under Section 22.08, Penal Code,

and the offense was punished as a state jail felony;

��(10)��an offense under Section 25.07, Penal Code,

punished as a felony;

��(11)��an offense under Section 25.071, Penal Code,

punished as a felony;

��(12)��an agreement to abduct a child from custody under

Section 25.031, Penal Code;

��(13)��the sale or purchase of a child under Section

25.08, Penal Code;

��(14)��robbery under Section 29.02, Penal Code;

��(15)��aggravated robbery under Section 29.03, Penal

Code;

��(16)��an offense for which a defendant is required to

Procedure; or

��(17)��an offense under the law of another state,

federal law, or the Uniform Code of Military Justice that contains

elements that are substantially similar to the elements of an

offense listed in this subsection.

��SECTION�3.47.��Section 3.03(b), Penal Code, is amended to

read as follows:

��(b)��If the accused is found guilty of more than one offense

arising out of the same criminal episode, the sentences may run

concurrently or consecutively if each sentence is for a conviction

of:

��(1)��an offense:

��(A)��under Section 49.07 or 49.08, regardless of

whether the accused is convicted of violations of the same section

more than once or is convicted of violations of both sections; or

��(B)��for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A), regardless of whether the accused is

charged with violations of the same section more than once or is

charged with violations of both sections;

��(2)��an offense:

��(A)��under Section 21.02, 21.11, 22.011, 22.021,

25.02, or 43.25 committed against a victim younger than 17 years of

age at the time of the commission of the offense regardless of

whether the accused is convicted of violations of the same section

more than once or is convicted of violations of more than one

section; or

��(B)��for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A) committed against a victim younger than 17

years of age at the time of the commission of the offense regardless

of whether the accused is charged with violations of the same

section more than once or is charged with violations of more than

one section; or

��(3)��an offense:

��(A)��under Section 21.15 or 43.26, regardless of

whether the accused is convicted of violations of the same section

more than once or is convicted of violations of both sections; or

��(B)��for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A), regardless of whether the accused is

charged with violations of the same section more than once or is

charged with violations of both sections.

��SECTION�3.48.��Section 12.35(c), Penal Code, is amended to

read as follows:

��(c)��An individual adjudged guilty of a state jail felony

shall be punished for a third degree felony if it is shown on the

trial of the offense that:

��(1)��a deadly weapon as defined by Section 1.07 was used

or exhibited during the commission of the offense or during

immediate flight following the commission of the offense, and that

the individual used or exhibited the deadly weapon or was a party to

the offense and knew that a deadly weapon would be used or

exhibited; or

��(2)��the individual has previously been finally

convicted of any felony:

��(A)��under Section 21.02 or listed in Section

3g(a)(1), Article 42.12, Code of Criminal Procedure; or

��(B)��for which the judgment contains an

affirmative finding under Section 3g(a)(2), Article 42.12, Code of

Criminal Procedure.

��SECTION�3.49.��Section 15.031(b), Penal Code, is amended to

read as follows:

��(b)��A person commits an offense if, with intent that an

offense under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be

committed, the person by any means requests, commands, or attempts

to induce a minor or another whom the person believes to be a minor

to engage in specific conduct that, under the circumstances

surrounding the actor's conduct as the actor believes them to be,

would constitute an offense under one of those sections or would

make the minor or other believed by the person to be a minor a party

to the commission of an offense under one of those sections.

��SECTION�3.50.��Section 38.17(a), Penal Code, is amended to

read as follows:

��(a)��A person, other than a person who has a relationship

with a child described by Section 22.04(b), commits an offense if:

��(1)��the actor observes the commission or attempted

commission of an offense prohibited by Section 21.02 or�

22.021(a)(2)(B) under circumstances in which a reasonable person

would believe that an offense of a sexual or assaultive nature was

being committed or was about to be committed against the child;

��(2)��the actor fails to assist the child or immediately

report the commission of the offense to a peace officer or law

enforcement agency; and

��(3)��the actor could assist the child or immediately

report the commission of the offense without placing the actor in

danger of suffering serious bodily injury or death.

ARTICLE 4. �TRANSITION; EFFECTIVE DATE

��SECTION�4.01.��(a) �Except as provided by Subsections (b) and

to an offense committed on or after September 1, 2007. An offense

committed before September 1, 2007, is covered by the law in effect

when the offense was committed, and the former law is continued in

effect for that purpose. For the purposes of this section, an

offense was committed before September 1, 2007, if any element of

the offense occurred before that date.

��(b)��The change in law made by this Act to Chapter 841, Health

and Safety Code, applies only to an individual who on or after

September 1, 2007, is serving a sentence in the Texas Department of

Criminal Justice or is committed to the Department of State Health

Services for an offense committed before, on, or after the

effective date of this Act.

��(c)��The change in law made by this Act to Article 12.01, Code

of Criminal Procedure, does not apply to an offense if the

prosecution of that offense becomes barred by limitation before the

effective date of this Act. �The prosecution of that offense remains

barred as if this Act had not taken effect.

��SECTION�4.02.��This Act takes effect September 1, 2007.

____________________________________________________________

�President of the SenateSpeaker of the House��

��I certify that H.B. No. 8 was passed by the House on March 6,

2007, by the following vote:��Yeas 119, Nays 25, 1 present, not

voting; that the House refused to concur in Senate amendments to

H.B. No. 8 on May 1, 2007, and requested the appointment of a

conference committee to consider the differences between the two

houses; and that the House adopted the conference committee report

on H.B. No. 8 on May 18, 2007, by the following vote:��Yeas 122,

Nays 17, 2 present, not voting.

______________________________

Chief Clerk of the House��

��I certify that H.B. No. 8 was passed by the Senate, with

amendments, on April 24, 2007, by the following vote:��Yeas 30,

Nays 1; at the request of the House, the Senate appointed a

conference committee to consider the differences between the two

houses; and that the Senate adopted the conference committee report

on H.B. No. 8 on May 17, 2007, by the following vote:��Yeas 30, Nays

______________________________

Secretary of the Senate��

APPROVED: __________________

��Date��

�

�� __________________

��Governor��