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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of continuous |
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sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.022 to read as follows: |
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Sec. 22.022. CONTINUOUS SEXUAL ASSAULT. (a) A person |
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commits an offense if, during a period that is 30 or more days in |
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duration, the person commits two or more acts of sexual assault, |
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regardless of whether the acts of sexual assault are committed |
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against one or more victims. |
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(b) For purposes of this section, "act of sexual assault" |
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means any act that is a violation of Section 22.011 or 22.021. |
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(c) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific acts of sexual |
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assault were committed by the defendant or the exact date when those |
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acts were committed. The jury must agree unanimously that the |
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defendant, during a period that is 30 or more days in duration, |
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committed two or more acts of sexual assault. |
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(d) A defendant may not be convicted in the same criminal |
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action of an offense listed under Subsection (b) the victim of which |
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is the same victim as a victim of the offense alleged under |
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Subsection (a) unless the offense listed in Subsection (b): |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(e) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the specific acts of sexual assault |
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that are alleged to have been committed are alleged to have been |
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committed against a single victim. |
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(f) An offense under this section is a felony of the first |
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degree, punishable by imprisonment in the Texas Department of |
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Criminal Justice for life, or for any term of not more than 99 years |
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or less than 25 years. |
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(g) If conduct that constitutes an offense under this |
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section also constitutes an offense under Section 21.02, the actor |
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may be prosecuted under this section or Section 21.02. |
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SECTION 2. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault or continuous sexual assault, |
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if: |
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(i) during the investigation of the offense |
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biological matter is collected and subjected to forensic DNA |
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testing and the testing results show that the matter does not match |
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the victim or any other person whose identity is readily |
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ascertained; or |
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(ii) probable cause exists to believe that |
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the defendant has committed the same or a similar sexual offense |
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against five or more victims; |
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(D) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; |
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(H) continuous trafficking of persons under |
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Section 20A.03, Penal Code; or |
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(I) compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault or continuous sexual assault, |
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except as provided by Subdivision (1); |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(H) exploitation of a child, elderly individual, |
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or disabled individual under Section 32.53, Penal Code; |
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(I) Medicaid fraud under Section 35A.02, Penal |
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Code; or |
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(J) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; or |
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(C) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; or |
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(7) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 3. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 21.11(a)(1), Penal Code (Indecency with a |
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Child); |
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(7) Section 22.011, Penal Code (Sexual Assault); |
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(8) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(9) Section 22.022, Penal Code (Continuous Sexual |
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Assault); |
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(10) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) [(10)] Section 29.03, Penal Code (Aggravated |
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Robbery); |
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(12) [(11)] Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, 22.022, or 25.02, Penal Code; |
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(13) [(12)] Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(14) [(13)] Section 43.25, Penal Code (Sexual |
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Performance by a Child); or |
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(15) [(14)] Chapter 481, Health and Safety Code, for |
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which punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections. |
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SECTION 4. Articles 62.001(5) and (6), Code of Criminal |
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Procedure, are amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.09 (Bestiality), 21.11 |
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(Indecency with a child), 22.011 (Sexual assault), 22.021 |
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(Aggravated sexual assault), 22.022 (Continuous sexual assault), |
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or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(B-1) a violation of Section 43.02 |
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(Prostitution), Penal Code, if the offense is punishable under |
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Subsection (c-1)(3) of that section; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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(G), (J), (K), or (L), but not if the violation results in a |
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deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 20A.03 (Continuous |
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trafficking of persons), Penal Code, if the offense is based partly |
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or wholly on conduct that constitutes an offense under Section |
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20A.02(a)(3), (4), (7), or (8) of that code. |
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(6) "Sexually violent offense" means any of the |
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following offenses committed by a person 17 years of age or older: |
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(A) an offense under Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.11(a)(1) (Indecency |
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with a child), 22.011 (Sexual assault), [or] 22.021 (Aggravated |
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sexual assault), or 22.022 (Continuous sexual assault), Penal Code; |
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(B) an offense under Section 43.25 (Sexual |
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performance by a child), Penal Code; |
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(C) an offense under Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the defendant committed the |
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offense with intent to violate or abuse the victim sexually; |
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(D) an offense under Section 30.02 (Burglary), |
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Penal Code, if the offense is punishable under Subsection (d) of |
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that section and the defendant committed the offense with intent to |
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commit a felony listed in Paragraph (A) or (C) of Subdivision (5); |
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or |
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(E) an offense under the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice if the offense contains elements that are |
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substantially similar to the elements of an offense listed under |
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Paragraph (A), (B), (C), or (D). |
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SECTION 5. Section 3.03(b), Penal Code, is amended to read |
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as follows: |
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(b) If the accused is found guilty of more than one offense |
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arising out of the same criminal episode, the sentences may run |
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concurrently or consecutively if each sentence is for a conviction |
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of: |
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(1) an offense: |
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(A) under Section 49.07 or 49.08, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(2) an offense: |
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(A) under Section 33.021 or an offense under |
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Section 21.02, 21.11, 22.011, 22.021, 22.022, 25.02, or 43.25 |
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committed against a victim younger than 17 years of age at the time |
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of the commission of the offense regardless of whether the accused |
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is convicted of violations of the same section more than once or is |
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convicted of violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) committed against a victim younger than 17 |
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years of age at the time of the commission of the offense regardless |
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of whether the accused is charged with violations of the same |
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section more than once or is charged with violations of more than |
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one section; |
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(3) an offense: |
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(A) under Section 21.15 or 43.26, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; |
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(4) an offense for which the judgment in the case |
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contains an affirmative finding under Article 42.0197, Code of |
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Criminal Procedure; |
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(5) an offense: |
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(A) under Section 20A.02 or 43.05, regardless of |
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whether the accused is convicted of violations of the same section |
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more than once or is convicted of violations of both sections; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A), regardless of whether the accused is |
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charged with violations of the same section more than once or is |
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charged with violations of both sections; or |
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(6) an offense: |
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(A) under Section 22.04(a)(1) or (2) or Section |
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22.04(a-1)(1) or (2) that is punishable as a felony of the first |
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degree, regardless of whether the accused is convicted of |
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violations of the same section more than once or is convicted of |
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violations of more than one section; or |
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(B) for which a plea agreement was reached in a |
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case in which the accused was charged with more than one offense |
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listed in Paragraph (A) and punishable as described by that |
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paragraph, regardless of whether the accused is charged with |
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violations of the same section more than once or is charged with |
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violations of more than one section. |
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SECTION 6. This Act takes effect September 1, 2019. |