Bill Text: TX HB2979 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the prosecution and punishment of certain offenses involving injury to a child, elderly individual, or disabled individual.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB2979 Detail]
Download: Texas-2013-HB2979-Comm_Sub.html
83R24194 MEW-D | |||
By: Parker | H.B. No. 2979 | ||
Substitute the following for H.B. No. 2979: | |||
By: Herrero | C.S.H.B. No. 2979 |
|
||
|
||
relating to the prosecution and punishment of certain offenses | ||
involving injury to a child, elderly individual, or disabled | ||
individual. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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; | ||
(H) Section 22.011, Penal Code (Sexual assault); | ||
(I) Section 22.04(a)(1) or (2), Penal Code | ||
(Injury to a child, elderly individual, or disabled individual), if | ||
the offense is punishable as a felony of the first degree and the | ||
victim of the offense is a child; | ||
(J) Section 43.25, Penal Code (Sexual | ||
performance by a child); | ||
(K) Section 15.03, Penal Code, if the offense is | ||
punishable as a felony of the first degree; | ||
(L) Section 43.05, Penal Code (Compelling | ||
prostitution); or | ||
(M) Section 20A.02, Penal Code (Trafficking of | ||
persons); 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 2. 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; | ||
(4) is convicted 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) or (J) [ |
||
(8) is adjudged guilty of an offense under Section | ||
19.02, Penal Code. | ||
SECTION 3. Section 508.145, Government Code, is amended by | ||
adding Subsection (e-1) to read as follows: | ||
(e-1) An inmate serving a sentence under Section 22.03, | ||
Penal Code, is not eligible for release on parole until the inmate's | ||
actual calendar time served plus good conduct time equals one-half | ||
of the sentence imposed or 30 years, whichever is less. | ||
SECTION 4. Chapter 22, Penal Code, is amended by adding | ||
Section 22.03 to read as follows: | ||
Sec. 22.03. CONTINUOUS PHYSICAL ABUSE OF CHILD, ELDERLY | ||
INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section: | ||
(1) "Act of physical abuse" means any act that | ||
violates Section 22.02 (aggravated assault) or Section 22.04(a)(1) | ||
or (2) (injury to a child, elderly individual, or disabled | ||
individual). | ||
(2) "Child," "elderly individual," and "disabled | ||
individual" have the meanings assigned by Section 22.04(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 physical abuse, | ||
regardless of whether the acts of physical abuse are committed | ||
against one or more victims; and | ||
(2) at the time of the commission of each of the acts | ||
of physical abuse, the actor is 17 years of age or older and the | ||
victim of the act of physical abuse is a child, elderly individual, | ||
or disabled individual. | ||
(c) If a jury is the trier of fact, members of the jury are | ||
not required to agree unanimously on which specific acts of | ||
physical 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 physical abuse. | ||
(d) A defendant may not be convicted in the same criminal | ||
action of an offense under Section 22.02 or 22.04(a)(1) or (2) the | ||
victim of which is the same victim as a victim of the offense | ||
alleged under Subsection (b) unless the offense under Section 22.02 | ||
or 22.04(a)(1) or (2): | ||
(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). | ||
(e) A defendant may not be charged with more than one count | ||
under Subsection (b) if all of the underlying acts of the alleged | ||
abuse are alleged to have been committed against a single victim. | ||
(f) 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 5. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 6. This Act takes effect September 1, 2013. |